L2 Visa after L1B declined

[Realvz]

Hi,
I applied for L1b visa recently and it was put on hold under 221g. My company provided all the documents but nothing happened for a month and we decided to withdraw l1b application and apply for l2 based on my wife's l1a.
the company lawyers sent request for my passport return and it was returned after 4 days. With the passport, i also got a rejection letter saying that I have failed to demonstrate that my company has legitimate presence in US. This is certainly not true because my company employs 14000 people in US and just a week ago, same consulate approved 2 L1 visas for my company.

Now I am worried that my previous rejection may cause issues with my L2.

Can they consider this as fraud, that is, can they say that my employer is doing fraud. which it clearly is not doing. I had been working there for last 3 years. They even have blanket approval.

How much do they scrutinize l2 visas?

I can possibly reapply for L1 but that would take more time and I want to return ASAP and don't mind missing pay till I get my EAD.

PS. i have been married for 4 years and have a US citizen child. Wife and kid are in US.

Pls advise.

[kabkaba]

This denial will not affect your L2 application. However there will be more scrutiny for any subsequent L1 or H1 application.

[Realvz]

thanks, thats fine, i don't think i will be applying for l1 or h1 in future if my l2 gets approved.

[Realvz]

Thank You. My visa was approved today, they didn't ask me any question.
Thats right no questions, no documents except my wife's I797 (copy), and I had to show them my wife's visa (expired).
Thats it.
Hopefully I will be able to collect my passport from VFS tomorrow.

[Farajana]

Congratulations Realvz. My case looks similar like your case. My husband is on L1A and currently in US and I couldn't accompany him last year due to personal reasons. This year when I went to Kol consulate for my L1A and L2 for my kids, they put my case under 221g. I have few queries for you if you can help:
1) Can I apply L2 in parallel while AP is WIP or do I need to withdraw the L1 application before proceedng L2?
2) If 221g for name check (most common names, especially Muslim names), whats the guarantee that I won't be again put for 221g for L2? (I read quiet a lot blogs where even L2 did receive 221g) - Is your 221g coz of common name?

would appreciate quick response.
Thanks,
Farajana.

[Realvz]

Congratulations Realvz. My case looks similar like your case. My husband is on L1A and currently in US and I couldn't accompany him last year due to personal reasons. This year when I went to Kol consulate for my L1A and L2 for my kids, they put my case under 221g. I have few queries for you if you can help:
1) Can I apply L2 in parallel while AP is WIP or do I need to withdraw the L1 application before proceedng L2?
Yes you can apply in parallel. I however had to send them an email withdrawing my L1B because my passport was still with them.
2) If 221g for name check (most common names, especially Muslim names), whats the guarantee that I won't be again put for 221g for L2? (I read quiet a lot blogs where even L2 did receive 221g) - Is your 221g coz of common name?
I don't have a common name. I got my 221g because they didn't think I was specialized skill (requirement for L1B). However, if your case is stuck under admin process because of name check, I would suggest you wait because chances of getting 221g are higher. On the other hand, you can certainly try for an L2 and take your chances. Worst case scenario you get another 221g but that would not affect the 221g name check already happening on your L1A.
would appreciate quick response.
Thanks,
Farajana.

You should also contact a senator and have them inquire on your case. They can tell you the reason you are stuck in 221g.

Either ways, best of luck with your visa, I hope you get it soon.

[Farajana]

Hi Realvz, Thanks for your response.

did you get your stamped passport by now? Is connecting to senator that easy? How did you do that? Thru your company?

Pl. let me know.
Thanks,