L1 B visa denied! Devastated

Old Apr 10th 2013, 4:48 pm
  #31  
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Default Re: L1 B visa denied! Devastated

Originally Posted by alfista1
Thank you very much.
Now I need to think how to approach HR

They have insisted/stated strongly that an IT specific degree was a definite requirement for the visa so they could not go forward!
You do not need a degree for the L1 visa. (I was granted an L-1B without a degree and have since changed to an L-1A).

You really need to emphasise your specialist skills in the petition, I.e. why are you the only person who can do x,y and z.
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Old Apr 10th 2013, 5:32 pm
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Default Re: L1 B visa denied! Devastated

They used the Blanket petition!!

I asking for them to use the individual L1B petition now.
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Old Apr 10th 2013, 6:11 pm
  #33  
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Default Re: L1 B visa denied! Devastated

No advice to offer, just sorry to hear the debacle you are in. I hope you can keep abreast of the situation this time and that the outcome will be more favourable.

Last edited by The Horticulturalist; Apr 10th 2013 at 6:32 pm.
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Old Apr 10th 2013, 6:19 pm
  #34  
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Default Re: L1 B visa denied! Devastated

Originally Posted by alfista1
They used the Blanket petition!!

I asking for them to use the individual L1B petition now.
Sounds like you are getting somewhere - Good luck.
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Old Apr 10th 2013, 6:20 pm
  #35  
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Default Re: L1 B visa denied! Devastated

can't believe this.

HR are pushing me back again saying they looked into all options but without the specific degree they cannot do anything.
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Old Apr 10th 2013, 6:32 pm
  #36  
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Default Re: L1 B visa denied! Devastated

Originally Posted by alfista1
HR are pushing me back again saying they looked into all options but without the specific degree they cannot do anything.
Make sure this is coming from one of the in-house immigration attorneys, not just a random person in HR.

If it is, it may be worth a consultation with an independent immigration attorney or your own (who is looking out for your interests) to review your qualifications and experience. (Most US-based ones will happily consult from a distance - find one here). Perhaps there is something there that is causing problems? If not, this will give you a much stronger avenue for questioning the company lawyers.
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Old Apr 10th 2013, 6:33 pm
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Default Re: L1 B visa denied! Devastated

Originally Posted by alfista1
can't believe this.

HR are pushing me back again saying they looked into all options but without the specific degree they cannot do anything.
I smell a rat. Is there anyone senior that can fight your corner for you?
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Old Apr 10th 2013, 6:37 pm
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Default Re: L1 B visa denied! Devastated

Originally Posted by alfista1
They used the Blanket petition!!

I asking for them to use the individual L1B petition now.
Hold on, and step back. There is a lot of confusion here.

I don't believe your company has even submitted your application. Let me tell you why.

1. Have you attended an interview with a consular officer at a US Embassy?
2. Have you received a formal denial from USCIS, or just from HR?

If you haven't attended an interview with a CO, then your company HAS NOT used a blanket I-129 petition to apply for your L1. I can't be much clearer about that.

If you haven't received a denial from USCIS, then it sounds to me like your company has actually INTERNALLY reviewed your application and decided against sponsoring you (for whatever reason) and are making a (completely lame) excuse up as to why you can't transfer over.

Does that make things clearer for you?
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Old Apr 10th 2013, 6:38 pm
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Default Re: L1 B visa denied! Devastated

Originally Posted by alfista1
can't believe this.

HR are pushing me back again saying they looked into all options but without the specific degree they cannot do anything.
Sounds like your company is denying you the application - not the US Gvt.
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Old Apr 10th 2013, 6:40 pm
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Default Re: L1 B visa denied! Devastated

Originally Posted by hungryhorace
Sounds like your company is denying you the application - not the US Gvt.
What about the person at the US end that is asking you to come over, have they any influence over this?
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Old Apr 10th 2013, 6:41 pm
  #41  
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Default Re: L1 B visa denied! Devastated

I'm asking HR for an official report from the embassy!
They are being very vague.

No I haven't attended any interviews. Just a email from HR!
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Old Apr 10th 2013, 6:42 pm
  #42  
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Default Re: L1 B visa denied! Devastated

Originally Posted by The Horticulturalist
What about the person at the US end that is asking you to come over, have they any influence over this?
Just written to him explaining the visa petition they used and maybe they should have used the non-blanket.

Now I don't know who to believe.
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Old Apr 10th 2013, 6:47 pm
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Default Re: L1 B visa denied! Devastated

Originally Posted by alfista1
I'm asking HR for an official report from the embassy!
They are being very vague.

No I haven't attended any interviews. Just a email from HR!
Right, so I was right. Let me make this point again:

1. Only a consular officer at the US Embassy will grant you your visa. You have not attended any interview with them, so your visa application was never put forward. Indeed, you haven't even completed a DS-160.

2. Your company has taken an internal decision to reject your transfer. They will not pay for an individual L1 petition and the huge paperwork exercise that comes with it when they have blanket petitions already in place.

My advice: forget the move. Your company doesn't want to make it happen for you. Sorry.
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Old Apr 10th 2013, 6:49 pm
  #44  
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Default Re: L1 B visa denied! Devastated

Originally Posted by alfista1
Just written to him explaining the visa petition they used and maybe they should have used the non-blanket.

Now I don't know who to believe.
The visa petition they *say* they used. I would ask to see the denial paperwork.
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Old Apr 10th 2013, 6:50 pm
  #45  
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Default Re: L1 B visa denied! Devastated

Originally Posted by alfista1
Just written to him explaining the visa petition they used and maybe they should have used the non-blanket.

Now I don't know who to believe.
Maybe your manager is trying to stop the move either because he doesn't want to lose you, you didn't get his approval before you applied for the move (some managers can be petty), or he thinks you don't deserve it.
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