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L1B Blanket to Individual and H1B transfer denial

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  • L1B Blanket to Individual and H1B transfer denial

    Hello,
    I was in the US for 5 years on an L1B Blanket Visa from 2010 to June 2015 through Company A. In 2014 April, I applied for an H1B through company B without change of status and was approved. Thus in Oct 2014 I didn't have the status changed from L1B Blanket to H1B and I continued working with Company A. (Company A wasn't aware of the H1B visa that I had applied)

    In early 2015, I applied for H1B transfer with Company C, for which I got an RFE and the H1B transfer was eventually denied due to job description not needing my skillsets.
    Thus I was still working with Company A until my completion of 5 years on L1B blanket, upon which I returned to my home country.

    Since then I have visited back to the US on Business Visa for 2-3 weeks a couple of times still with company A. Now my company A wants to apply for L1B Individual in a couple of months. I have 2 points to clarify:

    1. Does my H1B transfer denial constitute "Have you ever been denied or refused a visa or entry to any country?" This is asked in the DS160 form. Should I provide details about this to Company A/ USCIS
    2. As I went back from my L1B blanket visa in June 2015, will I have to wait for one complete year (June 2016) before I apply for another L1B (Individual) Visa ? Essentially can a person have L1B blanket and L1B Individual Visas back to back without a year of cooling period, surpassing the 5 year limit on either of those Visas ?

    Appreciate the advice.

  • #2
    Answers:
    1. Never lie to USCIS - for that reason if you have to say to your company that you had an approval/rejection from some other company, say it.
    2. Yes, once your 5 years are completed on your previous L1B, wait for a year outside USA.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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