London Wharf

hello,

I have been reading this forum all day today and read many discussions so wondering if anyone could give any thoughts to our case.

We ( my self and hubby) went for L1A(Blanket)/L2 visa to the US consulate at London last week only to be handed over a 221g form (white) stating your visa is refused on 221g Act and further administrative processing cannot be waived which will take 90 days or longer! Our passports were returned and no documents were asked...(neither on the white form).

The interview went such that we both went together to the window, gave our finger prints and then were asked 3 questions all to my Hubby. My husband works in the capacity of a Functional Manager on a product at one of the largest banks in London whose headquarters are in US. The officer asked how long he has been on this job, (which is just a year and half), why he (my hubby) wants to go to US and what was his role. the officer asked more insight on his role ...to which my husband kind of spoke 3/4 sentences describing. The officer than went away to check something (may be to his supervisor/ colleague or any system )...while we were still at the window....and came back after 4/5 min and asked us to wait at the waiting area. We were called after 20 min or so and then he handing us the 221g form along with our passports and asked us to check the ref number on the website for an update on the case. When asked how long it might take, he simply told it depends on his colleagues.

To let you know a little bit about my husband, from the start he had a L1 B visa stamped from India (we are Indian national), which he used for a couple of years and then got a H1B (again stamped from India).In the meantime he applied for green card and his labour was approved before he decided to move to London with a new job offer from UK. He is in UK at present on work visa since a year and a half. However, ever since he joined here, he made at least 4/5 trips to US in past one and a half year on B1 visa.

The interesting fact is that last year he got his B1 visa from the same London consulate (for 10 yrs) (on which he had been travelling off and on ever since joining this company). So, we are kind of more clueless what might have gone wrong this time. His company lawyers (who works/worked on his visa) are clueless as well, and told us had been the case that the officer thought that my husband doesn't qualifies for the L1A or needs to apply Individual or even if any docs required he should have told us at the counter itself while handing over the form. So, they dont think any of these a reason.

So, what could be the reason. My husband doesn't have one of those Muslim common names or any of the common names either to have made a hit on the computer. His origin is also not from those 32 countries ( as they say) neither did he visit any. Also, wondering if the officer had come across the record that his labour was approved on his last stay in US and thought (may be we intend to do so this time also)...but well, we are legally going to work and stay isn't it....hence the Visa.
To add to all this, we don't even see our case number on the website list...(though it's been just a week)...but I read sometimes they just"" dont feel like updating the list""!!
Wondering if any one has any insight on our case, or anyone who went thru a similar process on a similar visa or simply been on similar situation as ours.... your thoughts are welcomed.

Thanks

phcist2usa

Hello there;
i understand your frustration: the one thing we have in common is "our number doesnot appear on daily updates" mine has been 81 agoing long days...all i can say is you just have to wait...there is nothing anyone can do..at least your husband is employed here; i came for 12 days vacation and got stuck for more then 3 months without pay...for you..
good luck..

crg

It's unlikely that they care about the prior labor cert because it's not relevant to that visa class.

He most likely fell into a category that requires administrative processing somehow. Perhaps they didn't realize it or interpret it the same way last time.

Try not to spend too much time dwelling on things that you don't have any control over.

S Folinsky

To summarize: husband has an extensive immigration history. There was a short interview which did not cover that history. Consul stated administrative processing.

SanDiegogirl

I'm no expert on work visas but I did move over to the States on an L1A visa and I noticed from your posting that your husband has only been in his new job for 1.5 years.

I was under the impression that the L1A visa was primarily for Management/Executive positions and you either had to have good degrees with experience in your role, or at least 10 to 12 years in the position if not having the necessary degree qualifications. Even with the 10 to 12 years experience, you also had to provide necessary letters from your past employers stating how you had progressed, improved to your current position.

I don't know what level of education your husband has but do you think the fact that he has only been in his job for 1.5 years has something to do with the fact that you are now in administrative processing based on him applying for an L1-A?

Noorah101

I think you're thinking of an H1B.

Rene

SanDiegogirl

While the H1-B might have similar requirements, I was thinking of the L1-A since that is the visa on which I was transferred.

There are specific requirements for the L1-A too.

I do not have a degree but had 10 years as a Project Manager which qualified me for the L1-A and since the OP's husband was only in his job for 1.5 years I thought this might has influenced the decision to refuse them the visa.

crg

Nah. The L1 one needs one continuous year in the preceding three with the company that is transferring him. If they refused the visa 221(g) and sent the application to administrative processing without requesting additional documents to support the applicant's qualifications or eligibility then it most likely had nothing to do with the applicant's job experience.

Noorah101

Thread closed per OP's request.

Rene
Moderator