L1B Blanket rejected with no reason no slip all documents returned untouched

[help_user]

Hi Forum members,

I appeared for L1B Visa interview at Chennai Consulate. I am currently working for company YY but company XX (which i left in october 2014) was my L1B visa petitioner.

In the last three years i have been working for company XX for more than 1 year and 8 months.

I was returned from Visa window without giving any slip or any reason, all the documents (passport, I-129S, I-797) were returned untouched.

Communication between me and consular officer was as follows, after the intial pleasentaries.

VO: For how long have you been working for company XX?
Me: 4.5 years
(My total exp is 12.5 years, but the VO did not ask, nor did i tell)

VO: What is your role?
Me: Technical Leader

VO: Is company YY a client of XX.
Me: No, its a separate company. (I, currently do not work for XX, i work for YY, i left XX in october 2014)
(Both XX and YY are very reputed US based product companies and not unknown entities)

VO: How can XX be your petitioner since you dont currently work for XX?
Me: It can be, company XX's attornies prepared all the documents for me.

Goes inside for two minutes. Comes back and start typing something.

VO: When did you leave company XX.
Me: october 2014.
(Interview happened in Feb 2016)

VO: I am sorry, this petition is not meant for you. You can go now. Next ......

VO looked at all my documents but did not give me any pink slip or green slip or white slip. VO did not even write anything in the remarks section. VO did not write anything on my form I-129S or I-797.

I had two very small kids with me and they were troubling me the whole time, i could not answer questions properly or in detail.

I am confused, what happened here?

1. Did the VO did not know the rule of atleast 1 year of continous service in the last 3 years?
2. Can i go ahead and appear for another interview with new I-129S and I-797?
3. What should i do next?
4. Was my Visa rejected?
5. My attorney says the visa did not get rejected, VO did not acknowledge my application, can it be possible?
6. My DS-160 status shows Admin Processing, but, my attorney says it might not be relevant? Is it so? Why Admin Processing?
7. My attorney says he has never seen a case like this. Has anyone on the forum, seen a case like this?

[raghvi]

Hi Forum members,

I appeared for L1B Visa interview at Chennai Consulate. I am currently working for company YY but company XX (which i left in october 2014) was my L1B visa petitioner.

In the last three years i have been working for company XX for more than 1 year and 8 months.

I was returned from Visa window without giving any slip or any reason, all the documents (passport, I-129S, I-797) were returned untouched.

Communication between me and consular officer was as follows, after the intial pleasentaries.

VO: For how long have you been working for company XX?
Me: 4.5 years
(My total exp is 12.5 years, but the VO did not ask, nor did i tell)

VO: What is your role?
Me: Technical Leader

VO: Is company YY a client of XX.
Me: No, its a separate company. (I, currently do not work for XX, i work for YY, i left XX in october 2014)
(Both XX and YY are very reputed US based product companies and not unknown entities)

VO: How can XX be your petitioner since you dont currently work for XX?
Me: It can be, company XX's attornies prepared all the documents for me.

Goes inside for two minutes. Comes back and start typing something.

VO: When did you leave company XX.
Me: october 2014.
(Interview happened in Feb 2016)

VO: I am sorry, this petition is not meant for you. You can go now. Next ......

VO looked at all my documents but did not give me any pink slip or green slip or white slip. VO did not even write anything in the remarks section. VO did not write anything on my form I-129S or I-797.

I had two very small kids with me and they were troubling me the whole time, i could not answer questions properly or in detail.

I am confused, what happened here?

1. Did the VO did not know the rule of atleast 1 year of continous service in the last 3 years?
2. Can i go ahead and appear for another interview with new I-129S and I-797?
3. What should i do next?
4. Was my Visa rejected?
5. My attorney says the visa did not get rejected, VO did not acknowledge my application, can it be possible?
6. My DS-160 status shows Admin Processing, but, my attorney says it might not be relevant? Is it so? Why Admin Processing?
7. My attorney says he has never seen a case like this. Has anyone on the forum, seen a case like this?

Was it L1 Blanket or L1B Individual?

1. I think he didnt pay attention to it or he/she misheard the time you left XX. As per the rule you should have worked at least 1 Year, continuously, between Feb/2013-Feb/2016, which apparently you do.
2. I would suggest yes.
3. Book another appointment and go with documentation to prove the 1 Year in last 3 Years.
4. Seems so.
5. I doubt.
6. Thats more of a general status.
7. I havent heard of something like this, but then its rare that an employer rejoins and then the original employee processes L1.

This is my opinion not legal advice.

[help_user]

Was it L1 Blanket or L1B Individual?

It was a blanket L1 petition.
The VO asked me twice when did i leave XX? Still the visa got rejected? Can she be unaware of the law?
Also, why did the VO not give me any written indication for rejection?

[raghvi]

It was a blanket L1 petition.
The VO asked me twice when did i leave XX? Still the visa got rejected? Can she be unaware of the law?
Also, why did the VO not give me any written indication for rejection?

I only can speculate what could have been the cause. Also, they are not law bound to give you anything in written.

This is my opinion not legal advice.

[Libra_14]

To the best of my knowledge, blanket L1 visa is for current employees only. Since you do not work on the petitioner company, you do not qualify for blanket. However your future company should apply for an individual petition for you - you should be better able to prove your 1 year of work experience within last 3 years in individual petition.

Also, L1B is for specialized knowledge - since you are currently not working for this company, you sounds like more technical than proprietary knowledgeable person - a lot of things may have changed in your product in past years.

In short you have following options:
1. Join the company & than re-appear for blanket (assuming he did not refused/rejected your previous application - you can see what she stamped on your I129S.
2. Apply as an individual petitioner
3. Apply for H1B

Thanks,
Libra_14

[help_user]

To the best of my knowledge, blanket L1 visa is for current employees only.

1. Join the company & than re-appear for blanket (assuming he did not refused/rejected your previous application - you can see what she stamped on your I129S.

I am not sure about your observation, please see the relevant section of law:
9 FAM 402.12-2 Overview

(CT:VISA-1; 11-18-2015)
(Previous Location: 9 FAM 41.54 N5 CT:VISA-1569; 10-04-2010)

a. “Intracompany transferee” means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm, corporation, or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof, in a capacity that is managerial, executive, or involves specialized knowledge.

(Previous Location: 9 FAM 41.54 N1 CT:VISA-1417; 04-08-2010)

b. Section 1(b) of Public Law 91-225 of April 7, 1970, created a nonimmigrant visa (NIV) classification at INA 101(a)(15)(L) for intracompany transferees. An individual or blanket petition, approved by U.S. Citizenship and Immigration Services (USCIS), is a prerequisite for L visa issuance.

c. The L nonimmigrant classification was created to permit international companies to temporarily transfer qualified employees to the United States for the purpose of improving management effectiveness, expanding U.S. exports, and enhancing competitiveness in markets abroad. Prior to the enactment of Public Law 91-225, no nonimmigrant classification existed that fully met the needs of intracompany transferees. Those who did not qualify as E nonimmigrants were forced to apply for immigrant visas (IV) to the United States, even if there was no intent to reside permanently.

d. INA 101(a)(15)(L) was amended for the first time by the Immigration Act of 1990 (Public Law 101-649 of November 29, 1990) to provide that the required one-year period of continuous prior employment with the petitioner take place within three years, rather than immediately preceding the time of the alien’s application for admission into the United States

Also nothing was written on my Form I-129S on any of the copies or original, neither was i given any slip.

[Libra_14]

I got you help_user

When you apply for Blanket visa, the onus of verification lies with the VO. In case if he got an iota of doubt for your application, he prefers to reject it & he is not bound to give anyone any reason for it (safe game for him).

When you apply for Individual visa, the verification is done by USCIS & in this case VO feels relief in approving the visa with just a couple of questions - coz all things are already been verified in black&white.

Since it is already rejected once as blanket - Go ahead & apply as Individual - I'm sure you'll surely get it easily.

[help_user]

When you apply for Blanket visa, the onus of verification lies with the VO. In case if he got an iota of doubt for your application, he prefers to reject it & he is not bound to give anyone any reason for it (safe game for him).

When you apply for Individual visa, the verification is done by USCIS & in this case VO feels relief in approving the visa with just a couple of questions - coz all things are already been verified in black&white.

Since it is already rejected once as blanket - Go ahead & apply as Individual - I'm sure you'll surely get it easily.

Thanks Libra_14, i agree with your observation about iota of doubt in case of blanket petition.
But, can i go again on blanket petition and tell the new consular officer that i was sent back last time because the VO thought that i do not qualify, but infact i do under so and so section of FAM.
I have all the proofs to support my case.
Also if i apply again will the VO know about my last time or will the VO have to go looking for it. I mean is there a chance that he/she does not even ask me about my previous visit.

[Libra_14]

Yes, you can certainly go again for blanket (assuming it was not rejected earlier) - but I personally consider it as risky. Because, ideally you should not argue with the VO or try to justify him over the counter with multiple things. There are high chances that you'll again be refused - stating you re-appeared for interview without any substantial changes in the profile.

When you've all your papers/proofs, the safest game will be to go for individual.

Its your choice at the end of the day

- Not a legal advice, just MY opinion

[Libra_14]

Somewhat similar case as yours - think it might be helpful for you:

http://www.immihelp.com/forum/showthread.php/200617-Is-L1b-individual-required-after-l1b-blanket-rejection