L1 Blanket refused & B1 CWP’d simultaneously – NEED URGENT HELP!

[czar]

I have a situation and would need help from you all.

In Dec 2010’ I applied for L1 A Blanket petition for an opportunity which my company was sending me to US for 4weeks ! I had existing valid B1/B2 M visa which I had used earlier couple of times, 1st ona personal visit (duration 4weeks stay) and 2nd when my company sent for business trip (92days, POE stamped for 98days).

- Now, due to some reason the VO wasn’t satisfied with my petition and he refused it saying ‘go back to your company and apply under individual or H1B category”
- At the same time he wrote “CWP” on my B1/B2 visa, means revoked.

Now my questions are:

1) Now, since the VO refused my L1 and revoked my B1 (for reasons unknown) , there’s a new opportunity which has come up within my same company after 2yrs. Should we go for L1 Individual or try and get a B1 ?
2) In case of an L1 individual, if the VO asks why was it CWP’d, what should be my answer (as VO never told me why he was revoking it)
3) If & when I get my L1 individual visa ok’d, can I later apply for a B1 especially that once it has been revoked ? M asking this because though the L1 will be valid for 5yrs but the project is for hardly 1yr or so, and once I’m back to home country I may want to visit for leisure purpose ??? what shud be done.

[czar]

Awaiting response plssss....help! suggest...

[raghvi]

Awaiting response plssss....help! suggest...

What might have peeved the VO is that you stayed 92 days on a B1 for "Business trip" He might have assumed that you were actually using the B1 for work purposes. Off late its not advisable to stretch ones B1 trip beyond few weeks as it seems to be leaving a bad impression for future visa stamping purposes.

Now back to your questions:
1. L1 and B1 are not interchangeable, you should not be working on B1. Now, based on this "opportunity" if it requires you to work in US then L1B/L1A based on reqirement would be the path, if it is for business meetings you should proceed with filing a B1. It all depends on the requirement.
2. They would already know why the B1 was CWP'd. If you dont have a reason say that you dont know why it was cancelled.
3. Once your L1 is approved you can apply for B1 if there is a requirement by your company to do so. If you need a visa for leisure purposes you should apply for a B2 and not a B1.

This is my opinion not legal advice.

[czar]

Appreciate your response Raghvi...few more questions to your responses if you could reply..

Now back to your questions:
1. L1 and B1 are not interchangeable, you should not be working on B1. Now, based on this "opportunity" if it requires you to work in US then L1B/L1A based on reqirement would be the path, if it is for business meetings you should proceed with filing a B1. It all depends on the requirement.- Totally agreed and understand.So this 'opportunity' is actually a work opport and org is trying for an individual petition as after blanket refusal they say individual is the way to go.BUT, my fear is coz of the past :-( B1 revoked and L1 refused 2yrs back will that be a deterent this time ? or are they open minded...

2. They would already know why the B1 was CWP'd. If you dont have a reason say that you dont know why it was cancelled.- Ok.

3. Once your L1 is approved you can apply for B1 if there is a requirement by your company to do so. If you need a visa for leisure purposes you should apply for a B2 and not a B1. - ok, got it thx.



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What might have peeved the VO is that you stayed 92 days on a B1 for "Business trip" He might have assumed that you were actually using the B1 for work purposes. Off late its not advisable to stretch ones B1 trip beyond few weeks as it seems to be leaving a bad impression for future visa stamping purposes.

Now back to your questions:
1. L1 and B1 are not interchangeable, you should not be working on B1. Now, based on this "opportunity" if it requires you to work in US then L1B/L1A based on reqirement would be the path, if it is for business meetings you should proceed with filing a B1. It all depends on the requirement.
2. They would already know why the B1 was CWP'd. If you dont have a reason say that you dont know why it was cancelled.
3. Once your L1 is approved you can apply for B1 if there is a requirement by your company to do so. If you need a visa for leisure purposes you should apply for a B2 and not a B1.

This is my opinion not legal advice.

[raghvi]

Appreciate your response Raghvi...few more questions to your responses if you could reply..

Now back to your questions:
1. L1 and B1 are not interchangeable, you should not be working on B1. Now, based on this "opportunity" if it requires you to work in US then L1B/L1A based on reqirement would be the path, if it is for business meetings you should proceed with filing a B1. It all depends on the requirement.- Totally agreed and understand.So this 'opportunity' is actually a work opport and org is trying for an individual petition as after blanket refusal they say individual is the way to go.BUT, my fear is coz of the past :-( B1 revoked and L1 refused 2yrs back will that be a deterent this time ? or are they open minded...

2. They would already know why the B1 was CWP'd. If you dont have a reason say that you dont know why it was cancelled.- Ok.

3. Once your L1 is approved you can apply for B1 if there is a requirement by your company to do so. If you need a visa for leisure purposes you should apply for a B2 and not a B1. - ok, got it thx.



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If it is work support L1 Individual or H1 should be the choice. Each visa application is treated differently while granting so your past refusal/cancellations should not have any bearing on the current L1-Individual decision. This is my opinion not legal advice.