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L1 Blanket rejected 1 year back and now L1 Individual rejected too.

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  • L1 Blanket rejected 1 year back and now L1 Individual rejected too.

    Sorry state of affairs for me
    I knew L1 visa was very difficult to get these days but i work on a niche accounting system used by large Funds and Banks throughout the world. My HR told that my L1B chances are high because the work that i do is specialized and 3 people in my team had got visa in Nov'11, Jan'12 and Apr'12. All had more than 6-7+ years of total exp.

    So, I was kind of hoping i would get lucky too. My interview was scheduled at the embassy in Chennai on 7th May 2012. By that time my total exp was 5 years. The interview must have lasted for about 5 minutes, in which i was asked a variety of questions like, client, place of work, specialized skill, salary, no. of years with current company, whether the system i work on was developed by my company or is it a third party tool etc. Then she asked me again my salary and no. of years in the company. Since so many questions were asked i was hoping i will get through but the officer said that she is rejecting it and i need to apply in a different category, since my case does not fall into specialized skill. I tried to reason with her that the tool i work on is a rare skill and she said one must have at least 10 years of exp on it to be eligible. I thought that during the entire conversation i did not let her know that i do have 5 years of exp on it and just told her my no. of years with the company (15 months at that point of time) and she must have thought that a person with just 15 months of exp can’t be given L1B...!! But since it was already rejected, i had to come back with a heavy heart. Rejection is always a bitter pill to swallow, even though i wasn't desperate to travel at that point of time (neither i am right now ). So i just let it pass.

    But since my company was losing business, they decided to file L1 Individual (15 day Premium Processing) for me this time in Mar'13. I prepared the required documentation stating my no. of exp (6 years), emphasizing that mine is a niche skill with very short supply in the market and i have developed a few tools which are my company proprietary and will be very useful around the main tool and prove to be very critical for the project. Got an RFE in a week's time, with a bunch of questions. Put great amount of time drafting answers for the same and submitted and finally got the denial on 8th May 2013. The reason they said is that even though they do acknowledge the specialized skill i have but there are other people in my organization with those skills. I dont know if they even read the detailed docs i provided in the RFE response, because i had quite clearly mentioned that this is a rare skill and even though there are about 5 people who do have 1-2 years exp on it but they are junior to me and i would be the best person to travel, because i have passed CFA Level 3 Exam as well which would complement the work i am going to do. And the side tools were totally designed and developed by me. I felt as if they had already decided to deny the visa, but couldn’t understand why?

    I am unsure what happened there. Other 3 teammates of mine were not grilled so much and i was denied visa twice in a year..!! Is it because my total exp may have been a red flag for them? What exactly did i miss here? Do they even care if we have a specialized skill or not, or was my skill actually not specialized enough for it to get approved?

    Please guide me.

  • #2
    Originally posted by adrenaline001 View Post
    Sorry state of affairs for me
    I knew L1 visa was very difficult to get these days but i work on a niche accounting system used by large Funds and Banks throughout the world. My HR told that my L1B chances are high because the work that i do is specialized and 3 people in my team had got visa in Nov'11, Jan'12 and Apr'12. All had more than 6-7+ years of total exp.

    So, I was kind of hoping i would get lucky too. My interview was scheduled at the embassy in Chennai on 7th May 2012. By that time my total exp was 5 years. The interview must have lasted for about 5 minutes, in which i was asked a variety of questions like, client, place of work, specialized skill, salary, no. of years with current company, whether the system i work on was developed by my company or is it a third party tool etc. Then she asked me again my salary and no. of years in the company. Since so many questions were asked i was hoping i will get through but the officer said that she is rejecting it and i need to apply in a different category, since my case does not fall into specialized skill. I tried to reason with her that the tool i work on is a rare skill and she said one must have at least 10 years of exp on it to be eligible. I thought that during the entire conversation i did not let her know that i do have 5 years of exp on it and just told her my no. of years with the company (15 months at that point of time) and she must have thought that a person with just 15 months of exp can’t be given L1B...!! But since it was already rejected, i had to come back with a heavy heart. Rejection is always a bitter pill to swallow, even though i wasn't desperate to travel at that point of time (neither i am right now ). So i just let it pass.

    But since my company was losing business, they decided to file L1 Individual (15 day Premium Processing) for me this time in Mar'13. I prepared the required documentation stating my no. of exp (6 years), emphasizing that mine is a niche skill with very short supply in the market and i have developed a few tools which are my company proprietary and will be very useful around the main tool and prove to be very critical for the project. Got an RFE in a week's time, with a bunch of questions. Put great amount of time drafting answers for the same and submitted and finally got the denial on 8th May 2013. The reason they said is that even though they do acknowledge the specialized skill i have but there are other people in my organization with those skills. I dont know if they even read the detailed docs i provided in the RFE response, because i had quite clearly mentioned that this is a rare skill and even though there are about 5 people who do have 1-2 years exp on it but they are junior to me and i would be the best person to travel, because i have passed CFA Level 3 Exam as well which would complement the work i am going to do. And the side tools were totally designed and developed by me. I felt as if they had already decided to deny the visa, but couldn’t understand why?

    I am unsure what happened there. Other 3 teammates of mine were not grilled so much and i was denied visa twice in a year..!! Is it because my total exp may have been a red flag for them? What exactly did i miss here? Do they even care if we have a specialized skill or not, or was my skill actually not specialized enough for it to get approved?

    Please guide me.
    Unlike previous decade where L1s were doled out pretty easily, yes, off late it has been difficult to get L1B, L1A approved from USCIS.

    USCIS hasnt defined in terms of technology or products what constitutes a specialized skilll. And I would have to agree that due to the vastness of work being carried out it i snot possible to categorize a particular skill set as rare/specialized or not. Each individual case is different in terms of skillset, domain, number of years of exp, overall or on the specialized skill, education etc.

    Your experience seems to be on the low side but as you said some of your colleagues got it with similar or slightly higher experience. Oen can either think your colleagues were lucky or you were unlucky, but I guess a first time L1B rejection could have resulted in additional scrutiny during L1 Individual application.

    What surprises me is that if your company is indeed losing business why they didn't apply H1 for you. I think they should have doen so. Now you have to wait till next year April to apply for fresh H1.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Unlike previous decade where L1s were doled out pretty easily, yes, off late it has been difficult to get L1B, L1A approved from USCIS.

      USCIS hasnt defined in terms of technology or products what constitutes a specialized skilll. And I would have to agree that due to the vastness of work being carried out it i snot possible to categorize a particular skill set as rare/specialized or not. Each individual case is different in terms of skillset, domain, number of years of exp, overall or on the specialized skill, education etc.

      Your experience seems to be on the low side but as you said some of your colleagues got it with similar or slightly higher experience. Oen can either think your colleagues were lucky or you were unlucky, but I guess a first time L1B rejection could have resulted in additional scrutiny during L1 Individual application.

      What surprises me is that if your company is indeed losing business why they didn't apply H1 for you. I think they should have doen so. Now you have to wait till next year April to apply for fresh H1.

      This is my opinion not legal advice.
      Thank you so much for your response. I really appreciate your taking out time to reply.

      My company wouldn't file for H1 because they fear that on H1 chances are high that the individual will leave them shortly after reaching US. But they don't realize that getting 2 back to back L1 rejections its good for me personally. My record is getting spoilt.
      Do you think it has become even more unlikely for me to get an L1 if they plan to apply again next year, because of these 2 rejections?? (Even though i probably won't let them apply for L1 again for me )

      Comment


      • #4
        Hi..I'm facing the same problem with my L1 now...Last year my employer had processed L1 Individual and it got rejected in April 2012,I had 5 years of experience at that time...but my employer processing L1 Blanket and I have Visa interview in three weeks...I'm totally tensed and worried about the interview?will they question my previous denial reason?

        Comment

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