H1B and L1B Blanket got denied. What the next option

[gowri]

In 2012 oct my H1B petition got denied approval. So my organization asked me to raise L1B. I attened the interview by 3rd June 2013. I got a blue slip 221G. and the reason i received from VO is " Your L1B not clearly approved. It doesnt mean that you do not have specialized skill set. You need to appear under right category"

Could any one of you suggest what could be the next step?

Thought to raise L1B individual. But my organization experts says there is high chance of denial of petition since my H1b as well L1B got denied.

Could any one of your please Suggest?

[snbtcca]

Re: H1B and L1B Blanket got denied. What the next option

In 2012 oct my H1B petition got denied approval. So my organization asked me to raise L1B. I attened the interview by 3rd June 2013. I got a blue slip 221G. and the reason i received from VO is " Your L1B not clearly approved. It doesnt mean that you do not have specialized skill set. You need to appear under right category"

Could any one of you suggest what could be the next step?

Thought to raise L1B individual. But my organization experts says there is high chance of denial of petition since my H1b as well L1B got denied.

Could any one of your please Suggest?

Not sure about L1-B (Blanket) but I know quite a few of my colleagues who were denied L1-A (Blanket) with similar comments ("Not clearly approvable, apply under right category"). They went ahead and filed for L1-A (Individual) that too on premium processing. Most of them got an RFE which was subsequently cleared with right kind of response for the RFE.

The difference between Blanket and Individual is that in case of Blanket the application doesn't go to USCIS for processing. The applicant takes an already approved petition for the petitioning company and directly goes for the stamping. It's on the discretion of the Visa officer on the other side of the window to validate the pre-requisites vis-a-vis applicant's credentials and if he/she is not very clear about the pre-requisites, they generally deny it. In the contrast, the Individaul petitions go to USCIS and the required pre-requisites check is done before the petition is approved. Stamping is the second step only after petition approval by USCIS. Generally the chances of a successful are more for a L1B (Indv) stamping once petition is approved by USCIS.

I would recommend you apply for L1B(Indv) after getting your L1B(Indv) application reviewed by an attorney. You company might help with that to get an watertight application.

All the Best.

Regards,
snbtcca



Disclaimer: Statements made by me are based on just my analysis of all the cases I may have come across and do not represent any official guidelines. Use the same on your own discretion.

[gowri]

My H1B denied in 2012. My

Not sure about L1-B (Blanket) but I know quite a few of my colleagues who were denied L1-A (Blanket) with similar comments ("Not clearly approvable, apply under right category"). They went ahead and filed for L1-A (Individual) that too on premium processing. Most of them got an RFE which was subsequently cleared with right kind of response for the RFE.

The difference between Blanket and Individual is that in case of Blanket the application doesn't go to USCIS for processing. The applicant takes an already approved petition for the petitioning company and directly goes for the stamping. It's on the discretion of the Visa officer on the other side of the window to validate the pre-requisites vis-a-vis applicant's credentials and if he/she is not very clear about the pre-requisites, they generally deny it. In the contrast, the Individaul petitions go to USCIS and the required pre-requisites check is done before the petition is approved. Stamping is the second step only after petition approval by USCIS. Generally the chances of a successful are more for a L1B (Indv) stamping once petition is approved by USCIS.

I would recommend you apply for L1B(Indv) after getting your L1B(Indv) application reviewed by an attorney. You company might help with that to get an watertight application.

All the Best.

Regards,
snbtcca



Disclaimer: Statements made by me are based on just my analysis of all the cases I may have come across and do not represent any official guidelines. Use the same on your own discretion.

Hi snbtcca,

Thanks a lot for your response.

In my case before L1B denial my H1B also got denied. So still the L1B individual is good option? Need your suggestion.

[snbtcca]

Re: H1B and L1B Blanket got denied. What the next option

Hi snbtcca,

Thanks a lot for your response.

In my case before L1B denial my H1B also got denied. So still the L1B individual is good option? Need your suggestion.

L1B is intracompany transfer for people on speciality occupation (Proprietary, patent or company or client specific tools, technologies and processes) but not for generic skills easily available. H1B could be even for generic skills for which there is constrained supply in US as compared to demand. Hence, the case for these Visa's are completely different.

Really need to look into the reasons why H1B was denied on the first place. Was it your educational qualification or the work ex which the Consular office deemed not meeting the requirement which would be of interest. That is where the attorney would look at you H1B case and may be able to make a call.

Im my opinion, you still should apply for L1B-Individual petition and bring out the proprietary tools, proesses or solutions from your company which you have worked on. Getting you last applications reviewed by some expert would surely help IMHO.

All the Best.

Regards,
snbtcca

Disclaimer: Statements made by me are based on just my analysis of all the cases I may have come across and do not represent any official guidelines. Use the same on your own discretion.

[gowri]

L1B is intracompany transfer for people on speciality occupation (Proprietary, patent or company or client specific tools, technologies and processes) but not for generic skills easily available. H1B could be even for generic skills for which there is constrained supply in US as compared to demand. Hence, the case for these Visa's are completely different.

Really need to look into the reasons why H1B was denied on the first place. Was it your educational qualification or the work ex which the Consular office deemed not meeting the requirement which would be of interest. That is where the attorney would look at you H1B case and may be able to make a call.

Im my opinion, you still should apply for L1B-Individual petition and bring out the proprietary tools, proesses or solutions from your company which you have worked on. Getting you last applications reviewed by some expert would surely help IMHO.

All the Best.

Regards,
snbtcca

Disclaimer: Statements made by me are based on just my analysis of all the cases I may have come across and do not represent any official guidelines. Use the same on your own discretion.

Hi snbtcca,

Thanks a lot. Will update you the next action with in couple of days.