Urgent!- Need advise on applying L1B-Specifically under IBM Tivoli monitoring tools

[Sundar_L1B]

Hello everyone,

This site in awesome, especially the forums on experience by different candidates have really been helpful...

I have more than 10+ yrs experience in IT industry and have 6+ years of relevant experience wit IBM Tivoli monitoring (ITM), IBM Netcool omnibus/Impact and systems management products. At present, i work for leading bank in US from one of their locations in India. I have been picked by my manager to relocate to US. This is going to be my first time travel to US if all go well. My manager wants me to relocate ASAP, not later than a couple of months.Now, in connection to this relocation, i have few queries and looking for an advise or suggestions on those queries please...

1. I have decided to apply for a L1B, given the situation that i need to relocate ASAP. However, i would like to know which petition is better, L1 - Blanket or an individual?
2. Does USCIS consider Tivoli as a specialized tool now or has it been accepted as a specialized tool in the consulate?
3. What kind of evidence or support docs do i need to prepare to justify that my position in US is a specialized knowledge position? Is it mandatory that i need to have Proprietary knowledge on a product or worked extensively on a product, tool, etc., on which my company has obtained a patent?
4.Do the company attorneys normally help with these supporting docs? or can we hire attorneys externally to get these documents done?
5.Is the rate of rejecting VISAs for blanket petitions actually more than individual petitions? Does USCIS give opportunities to add modify evidence if we go for an individual or blanket petition, before rejecting?
6. Can individual petitions be applied via the company ? or do i need to apply on my own?
7.Is there a specific advantage filing a petition via through my company than individually?

I would really appreciate if you could advise on my queries, suggest and share your views. Btw, good luck to everyone else who has filed petition for L1 VISAs.

Thanks in advance!

[raghvi]

You got to understand that L1B's original intent was to help companies transfer their employees to the companies branch in US. As a long term employee is well versed with the company's processes, proprietary tools, etc. Similarly if an employee is critical to a client of the company and has beeen working with them for long he/she will be well versed with the client specific methodologies, product implementation etc. and hence the requirement for sending him/her to the US offices of the client.

1. I would say H1B has higher chances followed by L1 Individual, followed by L1 Blanket. Time taken for each category is different with L1B taking less time than L1 Individual and as H1 quota is over currently the next H1 will be valid only from Oct 2014. So to answer your question chances and ease H1 > L1 Individual > L1 Blanket. Time taken L1B < L1 Individual < H1B (as H1 quota is over).

2 & 3. USCIS doesnt have a skill set list as such, they go case by case as to combination of education, skill set, your experience in that skill set, how many probable people are available who have that skill, if your salary both in US and your company is above average to indirectly prove that the skill set is indeed rare, how long have you been working with the company, the client, what is that makes you unique in terms of this project/client are some of the aspects you should build your documentation around. A proprietary tool/proccess/product really helps as very few in the World would have the know how of the same, making you unique. There are no clear cut guidelines as to what constitutes a specialized skill set. One just have to use ones practical knowledge and experience to determine if one has specialized skill set or not. For example, Java is a skill set that thousands of folks have but being able to use Java to develop an ERP tool from scratch is a specialized skill set. Lawyers will not be able to see the difference as its IT lingo and understanding. One has to look around oneself and see how many people can do the same job one is doing with a little bit of training and if the answer is yes then its difficult to say one is having specialized skill set. Its personally very difficult to accept when ones skill sets are called "ordinary" but one has to look at oens skill sets critically too. The VOs and USCIS seem to follow their own way of collecting metrics and make judgements on specialized skill sets.

I hope you get the differentiating factor.

4. It is upto you and your company who has to justify that your skill sets are unique and suffice L1B criteria. I dont know how company attorneys or any other attorney will be able to create those documents for you. For example, your day to duties and how they are unique and being used in the projects cannot be described by the attorney,

5. I wouldnt know the numbers but the general perception is yes. If they ask for additional evidences yes it is possible but if they say apply in different category (indirectly meaning H1, many times) you should apply in the different category.

6. Both L1 Individual and Blanket are applied by the company. In case the organization has a blanket petition alreay approved then they need to file only the I129. In case of Individual both I797 and I129 needs to be filed. Thats the reason L1 individual takes longer than L1 Blanket.

7. Time taken for L1B wil be much lesser than L1 individual but chance sof L1 individual are higher.

This is my opinion not legal advice.