L-1B Blanket and Individual Denial. Re-file?

[paulng]

Hi all,

I wanted to poll the community for opinion on my case below. I am a citizen of Singapore working for a US IT MNC. As per my employer's request I was seeking an L-1B visa for employment leading to immigration to the USA. My case up to date has been handled by a big international immigration firm.

Initially, I was asked to submit a L-1B Blanket application. However, that was declined as I was ill prepared for the interview(I was assured it was a routine in out process) due to being not clearly approvable. Subsequently a L-1B individual premium was filed and that got a RFE. As per policy I of the attorney I am unable to view the RFE and that petition was also denied.

I am now in the conundrum of having to take up a H-1B1 visa and COS to H-1B but that would limit my spouse's moving option due to the lack of EAD for H-4s.

What I would like to gather your opinions about is what are my chances of getting a L-1B Blanket re-filed and approved. I have worked for the company for about 1.75 years and have created several proprietary tools that is used in the company worldwide. I also train people with over 10 years work experience in utilizing said tools. Based on this I think I am qualified under specialized knowledge and that is also why my employer is transferring me. The immigration lawyer believes that I am getting declined primarily due to the number of years of work experience.

Thanks for the read and response!

[raghvi]

Hi all,

I wanted to poll the community for opinion on my case below. I am a citizen of Singapore working for a US IT MNC. As per my employer's request I was seeking an L-1B visa for employment leading to immigration to the USA. My case up to date has been handled by a big international immigration firm.

Initially, I was asked to submit a L-1B Blanket application. However, that was declined as I was ill prepared for the interview(I was assured it was a routine in out process) due to being not clearly approvable. Subsequently a L-1B individual premium was filed and that got a RFE. As per policy I of the attorney I am unable to view the RFE and that petition was also denied.

I am now in the conundrum of having to take up a H-1B1 visa and COS to H-1B but that would limit my spouse's moving option due to the lack of EAD for H-4s.

What I would like to gather your opinions about is what are my chances of getting a L-1B Blanket re-filed and approved. I have worked for the company for about 1.75 years and have created several proprietary tools that is used in the company worldwide. I also train people with over 10 years work experience in utilizing said tools. Based on this I think I am qualified under specialized knowledge and that is also why my employer is transferring me. The immigration lawyer believes that I am getting declined primarily due to the number of years of work experience.

Thanks for the read and response!

Without knowing the reasons for RFE and its responses its impossible to determine the reasons fro rejection. Yes, it is possible that the less experience could be a hindrance as the officers would certainly be wondering if you could write these tools with only about 1+ years exp with the company what prevents others from doing the same. Its virtually impossible to define "specialized skill sets" for all the possible scenarios.

Not that you cant try but the chances certainly appear dim with a previous L1 Blanket and L1 Individual rejection.

This is my opinion not legal advice.

[paulng]

Without knowing the reasons for RFE and its responses its impossible to determine the reasons fro rejection. Yes, it is possible that the less experience could be a hindrance as the officers would certainly be wondering if you could write these tools with only about 1+ years exp with the company what prevents others from doing the same. Its virtually impossible to define "specialized skill sets" for all the possible scenarios.

Not that you cant try but the chances certainly appear dim with a previous L1 Blanket and L1 Individual rejection.

This is my opinion not legal advice.

Hi Raghvi,

Thanks for your response. After discussing with my superiors, I believe I have to re-file L-1B as that is the only option available to me that will permit a amicable situation for my spouse and myself.

With regards to the above, during the interview how would I be able to distinguish myself to have specialized knowledge? Would supplementary recommendation letters from higher ups in the company improve the situation as evidence?

Again any comments and suggestions would be greatly appreciated.

Regards,
Paul.

[raghvi]

You have to understand that just because you want your spouse to be on L2 doesn't mean you qualify for L1. Also, it isn't that she can work only on L2, your wife can also find a H1 sponsor and work on H1.

Off late USCIS and Consular officers have been stricter on granting L1 visa.

It certainly wouldn't do harm to take letters from higher ups but the nature of interview itself hardly allows for submission of these letters during that time. VO rarely demand additional detail level documents. In their system and even in the DS-160 you would mention that you have been rejected under L1 classification earlier, so there would certainly be much more scrutiny and chances are low unless the officer is willing to hear you out and see your additional evidences which happens rarely.

You can try your luck again by attending L1B interview. OR, you can try to file another L1 individual petition with much better preparedness in terms of documentation.

This is my opinion not legal advice.