My B1 in lieu of H1B rejected.. How should I proceed - L1-B or L1 individual?

[ajit416]

Hi all,

Not sure if any body has posted this concern earlier. My "B1 in lieu of H1B" Visa got rejected last year (mid July) citing clause 214(B). I have no clue why they rejected my VISA. The counsular officer didnt ask me any questions, he kept me for admin processing and later rejected.
i am working for India division of a reputed US multinational. Now my company intends to process my L1 VISA.

Now here are my queries?

1. Is Clause 214(B) a show stopper if I apply L1-B visa?
Clause 214(B) states that I have failed to impress upon the consular officer that I have no intention in abandoning my residence in India(ie I intend to immigrate). But i understand the L1-B is a dual intend VISA, ie person applying could have the intend to immigrate

2. In this scenario is it advisable for me to go with L1- Individual instead of L1-Blanket?

Request your valuable suggestions/opinion

[ajit416]

Hi all,

Not sure if any body has posted this concern earlier. My "B1 in lieu of H1B" Visa got rejected last year (mid July) citing clause 214(B). I have no clue why they rejected my VISA. The counsular officer didnt ask me any questions, he kept me for admin processing and later rejected.
i am working for India division of a reputed US multinational. Now my company intends to process my L1 VISA.

Now here are my queries?

1. Is Clause 214(B) a show stopper if I apply L1-B visa?
Clause 214(B) states that I have failed to impress upon the consular officer that I have no intention in abandoning my residence in India(ie I intend to immigrate). But i understand the L1-B is a dual intend VISA, ie person applying could have the intend to immigrate

2. In this scenario is it advisable for me to go with L1- Individual instead of L1-Blanket?

Request your valuable suggestions/opinion

Hi .... Could some experts help me out?

[scientist2016]

What do you mean by B1 in lieu of H1? Those two are to be used in completely different scenarios, and I cannot see how B1 can be used where H1 is required or vice versa.
H1 & L1 are dual intent visas, while B1 and F1 visas are not. Hence, the bar of proving non-immigrant intent does not exist for H and L visas. Hence, a B1 visa rejection on inability to demonstrate non-immigrant intent, will not affect those petitions.

[ajit416]

What do you mean by B1 in lieu of H1? Those two are to be used in completely different scenarios, and I cannot see how B1 can be used where H1 is required or vice versa.
H1 & L1 are dual intent visas, while B1 and F1 visas are not. Hence, the bar of proving non-immigrant intent does not exist for H and L visas. Hence, a B1 visa rejection on inability to demonstrate non-immigrant intent, will not affect those petitions.

Got it. Thanks.. Is there any other possible reasons for slapping 214(b)?

[Libra_14]

Got it. Thanks.. Is there any other possible reasons for slapping 214(b)?

The only reason is your profile - Which only you can access it.