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  • L-1 B petition not clearly approvable

    Dear Forum Members,

    I had a peculiar experience at the Consulate - Chennai where i appeared for a Blanket L-1 interview yesterday.
    The VO asked me a couple of routine questions and then started asking about the customer i will service.
    Some of the questions i faced -
    1. Which company you work for – Answered
    2. How long you been here – Answered
    3. Where did you work before – Answered
    4. Have you ever travelled to US before - Answered
    5. How many times – Answered
    6. How many days did you stay there - Answered
    7. What project you going to work on – Answered
    8. Who is the customer you are going to service– Answered
    9. Please spell it for me (He was accessing the website)
    10. Nature of client's business - Answered
    11. What is the number of employees the client has? – Answered with approximation(I did not havethis input)
    12. What is the ROI of an employee for your customer? – Enquired back if the reference is to revenue(Did not understand ROI for an employee)- supplied revenue figures – Officer not convinced
    13. Has the ROI changed over the years? – Tried to answer to the best of my ability– Officer not convinced
    14. Have you analyzed the balance sheet and other financials of the client(By this time he had the client website open) – Response - Sorry haven’t done that

    Verdict - Your visa petition cannot be clearly approved right now because you haven’t gained full knowledge of your customer. For an L1 Blanket petition to be approved it is mandatory to have advanced level and specialized understanding of the clients systems, processes, business ,which you do not have at this moment(I was under the impression that Blanket applicant is expected to have specialized knowledge of own organization’s systems, processes etc and not client’s.)
    I am not denying a visa to you(Repeated 3 times – This is not a denial) and you are very smart so it should not be a problem for you to get the visa pretty soon.
    As I could not understand the situation(He was saying visa is not denied and simultaneously handing back my passport), I said, if you give me an opportunity I can explain why L Blanket was the right category for me to apply(He had not asked even a single question about my petitioner organization or proprietary knowledge/framework etc..) but he said that the opportunity is gone now.
    On enquiring about way forward(As I was still not clear if this was a rejection) he said take this(stamped petition and 221(g) form etc)to your HR and they would know what to do.
    He handed back the passport with 2 copies of the petition with stamps of "not clearly approvable"(He retained the one on which the consulate personnel who verified the docs and noted a case number on) and a form 221(g)(which has no case number) - Blue colour where he had ticked the statement saying - "“Your Blanket L-1 Application is not clearly approvable under section 8 CFR 214.2(I))(!!)(D) and INA 101 (a)(15)(L)”

    I would request veterans and seasoned players on this forum to share there views on this case and guide me.Should i take this as a clear rejection and try for Individual?Is it right that i need to know the client in and out including financials,balance sheets, Pn Ls?
    I think i was treated unfairly although don't know what caused this to happen.

  • #2
    Technically, you have to have complete and specialized knowledge of the job that you are going to do in the US. That is why the employer is transferring a foreign employee rather than hiring within the US.
    L1 blanket applications have had a lot of denials lately. Technically it is a denial and must be mentioned all your subsequent Visa applications.
    Going forward your employer should file L1 individual or H1 if they want you to work in the US.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Technically, you have to have complete and specialized knowledge of the job that you are going to do in the US. That is why the employer is transferring a foreign employee rather than hiring within the US.
      L1 blanket applications have had a lot of denials lately. Technically it is a denial and must be mentioned all your subsequent Visa applications.
      Going forward your employer should file L1 individual or H1 if they want you to work in the US.
      Thanks for the quick revert.I agree with you that an intracompany transferee should have expert and specialized understanding of the job he/she is going to do.
      But none of these questions gives me an opportunity to exhibit my knowledge of my work/the problem i will try to solve for my customer/systems/frameworks i will use etc..
      Secondly the officer repetedly told me this is not a denial and you should get a visa pretty soon.
      All these are so very contradictorystatements that i got confused.
      Finally if it is a denial it could be said in so many words why do they have to move in circles and circumvent so much.
      Also based on oyur experience, do you feel the questions asked are relevant, appropriate,seen by you being asked in the past.
      Please advise.

      Comment


      • #4
        Get back with your HR and like mentioned above they can file L1 individual or H1 for you if possible.
        This is my opinion and not legal advice.

        Comment


        • #5
          What happened in your case? What is the response from HR or Attorney? any update from consulate?

          Same thing happened to me and my online visa status is showing as it is under administrative processing.

          Does it mean rejection?

          Comment


          • #6
            I think the ROI that VO was referring to was about return of investment, as in what's in it for client if they offer you that position and not revenue

            Comment


            • #7
              Originally posted by ramu_2701 View Post
              What happened in your case? What is the response from HR or Attorney? any update from consulate?

              Same thing happened to me and my online visa status is showing as it is under administrative processing.

              Does it mean rejection?
              Hello Ramu...Same thing happened to me today. For me also it's showing Administrative processing.
              Have you received any info. from consulate ? or you tried with some other Visa category ?

              Thanks

              Comment


              • #8
                L1B Visa Rejected under section 8 cfr 214.2(i)(ii)(d) and ina 101(a)(15)(l)

                Hi please help me understand why my L1B visa petition was rejected, here is the set of questions asked by him in chronological order.

                1.What is you name (answered) answered
                2.Experience in current organization answered (1.8 years) total 5.5 years
                3.What you are currently doing in the current organization ? answered
                3.What is the tool ? answered
                4.Where will you stay in US? ) answered said close to my companies location YYYY X
                5.Is house allowance separate or part of the wages answered it was inclusive of all
                6.Again Experience in current organization and in past company answered (1.8 years) I said close to two years with 5.5 years of total experience
                7.He goes inside discussed something comes out and gives me the blue paper ticks a section which says Rejected under section 8 cfr 214.2(i)(ii)(d) and ina 101(a)(15)(l).

                I feel that I answered the question confidentally, can less years of experience with current organization be a cause of this.

                Regards,

                Comment


                • #9
                  Originally posted by mayankmania View Post
                  Hi please help me understand why my L1B visa petition was rejected, here is the set of questions asked by him in chronological order.

                  1.What is you name (answered) answered
                  2.Experience in current organization answered (1.8 years) total 5.5 years
                  3.What you are currently doing in the current organization ? answered
                  3.What is the tool ? answered
                  4.Where will you stay in US? ) answered said close to my companies location YYYY X
                  5.Is house allowance separate or part of the wages answered it was inclusive of all
                  6.Again Experience in current organization and in past company answered (1.8 years) I said close to two years with 5.5 years of total experience
                  7.He goes inside discussed something comes out and gives me the blue paper ticks a section which says Rejected under section 8 cfr 214.2(i)(ii)(d) and ina 101(a)(15)(l).

                  I feel that I answered the question confidentally, can less years of experience with current organization be a cause of this.

                  Regards,
                  Possible. Its difficult to assess without knowing the actual tool and processes that you specialize in and how critical and unique those are to your organization.

                  This is my opinion not legal advice.

                  Comment


                  • #10
                    Originally posted by raghvi View Post
                    Possible. Its difficult to assess without knowing the actual tool and processes that you specialize in and how critical and unique those are to your organization.

                    This is my opinion not legal advice.
                    Do you want the details of the tools in which I specialize in ?

                    Comment


                    • #11
                      Originally posted by mayankmania View Post
                      Hi please help me understand why my L1B visa petition was rejected, here is the set of questions asked by him in chronological order.

                      1.What is you name (answered) answered
                      2.Experience in current organization answered (1.8 years) total 5.5 years
                      3.What you are currently doing in the current organization ? answered
                      3.What is the tool ? answered
                      4.Where will you stay in US? ) answered said close to my companies location YYYY X
                      5.Is house allowance separate or part of the wages answered it was inclusive of all
                      6.Again Experience in current organization and in past company answered (1.8 years) I said close to two years with 5.5 years of total experience
                      7.He goes inside discussed something comes out and gives me the blue paper ticks a section which says Rejected under section 8 cfr 214.2(i)(ii)(d) and ina 101(a)(15)(l).

                      I feel that I answered the question confidentally, can less years of experience with current organization be a cause of this.

                      Regards,
                      Please help me with this....

                      Comment


                      • #12
                        L1 visa denial

                        Originally posted by L1Query View Post
                        Hello Ramu...Same thing happened to me today. For me also it's showing Administrative processing.
                        Have you received any info. from consulate ? or you tried with some other Visa category ?

                        Thanks

                        Can you pls update what happened to your visa status? I am in the same boat and not having anyidea how to move further. Pls share your input

                        Comment

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