L1 rejection twice, Can it be re-applied

[Vardhani]

Hi,

My husband is working in India and his L1 Blanket got rejected in January 2019, immediately his company has offered him L1 Individual but unfortunately it got rejected in September 2019. Later on , his company informed him that he will not be eligible for applying any visa for next 2 years. Now since 2 years has completed , his company wants to start the visa process again.

But the question is that,

1. Which visa is better L1 or H1-B
3. If by chance application is rejected for the 3rd time, then does that mean he can never apply for a US visa even a tourist one?
4. What are the chances that after USCIS approves visa?

He is really nervous about applying for the 3rd time. Any advice/ help/ guidance will be much appreciated.

Thanks,
Vardhani

[rkk09]

Hi,
Here is my thought on your question.
1. Which visa is better L1 or H1-B
Answer: If you feel that, L1 is not going through then you can consider for H1. But for H visa, you will need to consider annual CAP.
3. If by chance application is rejected for the 3rd time, then does that mean he can never apply for a US visa even a tourist one?
Answer: I dont think so, you will have that kind of situation. If one Nonimmigrant visa is rejected, later point you can apply for other Non immigrant visa. But, each Non immigrant visa has different requirements. As long as you meet the requirements, you can get positive result.
4. What are the chances that after USCIS approves visa?
Answer: Please note, USCIS will not approve the visa. Since you applied visa through consulate, they will take care of reviewing documents. If you file L1 petition then USCIS will review and approve. With that approval, you will need to go for visa stamping, get visa stamped approval. With all of these, you can travel to the USA.
Thanks