L1B Blanket rejected - Need help

[Rishi G]

Hi!

I am a student here in the US on F-1 visa.

I recently got married. My wife, who is working for HCL India, applied for her L1B Blanket through the company. Her blanket visa was rejected in Chennai two days ago. She was told her visa is "not clearly approvable". We are considering applying for L1B individual.

She already has a valid B1/B2 visa and had traveled to the US on work 1year ago for 15 days.

The company HR/immigration team told us, that as per HCL policies they don't apply for another L1 visa six 6 months after a rejection. Also, they said, the application should only be made 3 months after the last US visit.

My query is:

1. Is it advisable to wait for 6 months OR should we push the company to file for L1B individual right away and prepare my wife better for the interview this time? We don't want to wait unless absolutely needed. Because that means we will have to live apart for another 6 months.

2. In case the company does not give in to our requests, could we have her travel to the US on her B1/B2 and leave right before the L1B interview? or is the 3-month rule (to wait 3 months after one's US trip) really strongly advised?



Regards,

Rishi G

[Libra_14]

1. Is it advisable to wait for 6 months OR should we push the company to file for L1B individual right away and prepare my wife better for the interview this time? We don't want to wait unless absolutely needed. Because that means we will have to live apart for another 6 months.

No need to wait - you can file individual petition almost immediately. It might be your company policy but not USCIS.

2. In case the company does not give in to our requests, could we have her travel to the US on her B1/B2 and leave right before the L1B interview? or is the 3-month rule (to wait 3 months after one's US trip) really strongly advised?

There is no such rule for 3-month wait after visit for visa application. You can file immediately.