Going for L1, having two H1B rejections

[mrxyz]

Hi Folks

My current employer A is filing L1 for me now. And, I have two H1B rejections from two different companies B and C as a part of 2006 and 2007 quota. Can you let me know if I have any problems for the L1 interview? If yes, advise me how to handle the situation. Thanks in advance.

Regards
Mr.XYZ

[orion]

They are unrelated.

[mrxyz]

Hi Orion

Thanks for the prompt response. Here is an update from the legal team who is preparing L1 petition. Please let me know your comments in this regard. I am a bit tensed that two H1B rejections might cause a problem!

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Just to follow-up, when you apply for your L-1 visa, you will likely be questioned regarding your prior H-1B visa denials. If questioned, you will need to be ready to answer any questions posed by the U.S. Consulate and explain the circumstances of the previous H-1B visa denials (that the denials resulted from the fact that the H-1B petitioners were not able to provide the requested information, but that the denials were not related to your qualifications or your background). We recommend that you discuss this matter with your Company (your sending/receiving Managers, HR Business Partner, Recruiter, etc.) so that the Company is fully aware of the potential issues you may face at the U.S. Consulate. While we will certainly prepare strong L-1 visa application materials on your behalf, the U.S. Consulate's scrutiny on your visa application due to prior H-1B visa denials will be beyond our control.
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Regards
Mr.XYZ

[itzprams]

Orion and your legal team both are correct.

1. They are unrelated BUT
2. VO might ask you reason of denial. Chances are 75-90% as you have 2 denials. If it wasn't your fault then you are OK. Only thing you can do is to be honest.

[mrxyz]

Hi itzprams

Thanks for your feedback too. In my both denials, the reason given by U.S. Consulate after following up with 221(g) form is same as follows. Only date of issue of denial letters is different.

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Dear Mr.XYZ

Base on the documents you have submitted to us, and the information elicited in your interview with an American Consular Officer, we are not able to issue you an H-1B temporary work visa, because:

Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

...
...
...

Thank You
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So, please advise me, if any other precautions to be taken during the L1 interview. Thanks in advance.

Regards
Mr.XYZ

[itzprams]

You should be fine as it was your employer's fault. You should mention that to VO (ONLY if they asks)

Also, If L1 petitioner company is reputed one then you are enough good to go. Dont forget to do homework on immihelp before going for an interview.

Good luck.

[mrxyz]

Hi itzparams

To be more specific, my current company is very well reputed one and I am with them since 5 years. Now, they are filing L1 petition for me.

Regards
Mr.XYZ

[itzprams]

Then you are worrying too much for no reason.
Be confident and prepare yourself with smiling face.

good luck.

[mrxyz]

Hi itzparams

I am feeling confident now. Thanks for the same. I need one more clarification. The mentioned two H1B rejections are at U.S. Consulate, Chennai. Is it compulsory that I have to attend my L1 interview also at the same consulate?

Regards
Mr.XYZ

[itzprams]

Place of consulate DOESN'T matter. Whichever consulate you go, they have your history.

While interviewing you VO will pull up your history. History database is global.

[h1bdesire]

hello mr.xyz,
did the vo in both the instances , straight away handed the 221[g] after the interview without giving you or your employer any opportunity to furnish any requisite documents.?Or you were given some time to furnish any document before denying you the visa.

[mrxyz]

Hi h1bdesire

In both the cases, employers didn't provide client letter initially. So, after interview, VO gave me 221(g) form to submit client letter and other documents. After submitting further documentation given by employers, H1Bs were denied!

May i know if the rejection process of H1B denials related to L1 interview?

Regards
Mr.XYZ

[h1bdesire]

though seniors members can answer this question in a better way, but from my knowledge i can tell u, each visa category is different from another and the visa officer will review your case independent of the fact that u were denied a h1b visa twice [n that was because of employer].Had it been a third h1b application then it would have been a matter of concern but since this time around u r goin' for L1 visa ,altogethe a different visa, it won't mar your prospects of getting the visa.So good luck my friend!