alfista1

These are the requirements stipulated here for L1 visas.


and this would be universal in any country right?

jeffreyhy

The OP hasn't mentioned being interviewed by a consular officer, and said that he learned of the rejection from his HR department. Had he been interviewed, he would most likely have learned from the consular officer at the conclusion of the interview?

There seem to be some conflicts in the information that's being presented. Onbalance, it sounds to me as though an individual petition was filed for the OP.

Regards, JEff

hungryhorace

With respect, I don't think the OP has much of a clue about anything that's gone on. His company appear to have kept him completely in the dark.

I would agree with you re the individual petition being filed, though the OP has stated a blanket petition exists for his transfer, but then this doesn't fit with anything else he / his employer have said.

jeffreyhy

I agree.
I note that for him to apply for a visa on the basis of a blanket petition he must be more than a person with specialized knowledge, he must be a specialized knowledge professional.

I note also that if his visa application is based on a blanket petition it's the consular officer who must determine if he meets the requirements to be a specialized knowledge professional. If his visa application is based on an individual petition it's the USCIS case officer who processes the petition who determines if he meets the lesser requirements to be a person with specialized knowledge.

I'm still leaning towards the individual petition, although lack of a degree could play a part in a determination that he doesn't qualify as a specialized knowledge professional. Regards, JEff

jeffreyhy

A better source of information about the requirements for an L-1 visa is 9 FAM 41.54 Notes, which is universally applicable.

Regards, JEff

Fred16

You definately do not need a degree for L1Transfer. I have no degree and nor does my wife. Ive been passed around from L1to H1b to L2 since 2006. My wife has her own L1 that is valid for almost 8 years...yes London keep renewing it each time she goes. We have blanket petition.

alfista1

Ok so wat I understand before I go forward with a case:

1) a visa petition is compiled working with me to detail my special knowledge and skills (I was not even met with) by our immigration attorney.
2) DS-160 form completed by me? photo needed?
3) an interview is scheduled with a CO
4) decision reached - if refused I receive a letter explaining why

5) passport asked for?

None of the above occurred. They say a petition was sent BUT they do not know my special skills! What was put on the petition?

I need a copy of that petition and the refusal letter.

hungryhorace

If your employer says a 'petition was sent', then an L1-B individual petition was filed. From speaking to my immigration attorney, they inform me it is VERY rare for USCIS to issue a rejection without first asking for an RFE.

re your DS-160, this can be completed for you, but you would need to supply a significant portion of personal data that your employer could not possibly know. You only apply for the DS-160 if and when an L1 individual petition has been approved OR the sponsoring company is sending you over using an L1 blanket petition.

I still believe your company has not been entirely up front with you (and that's me being generous to them).

Orangepants

If they filed a L1B individual petition for you there are 2 parts to the process:
1. Petition - which is mainly their info and some info about you - this goes to USCIS and can be approved or denied. This is where you should have had input.
2. Visa - once the petition is approved, with the EAC number from the approved petition, you make an apt at the consulate by phone, fill in the DS160, this is all about you and then go for the interview. The visa is then either approved or denied. You take your passport with you to the consulate.
Good luck.

alfista1

Thanks again.

They stated a L1B blanket was sent sorry.
The HR department here have very little experience in cross country transfers. It's mainly handled by our U.S law department. For me HR here are just an intermediary but have not sent or processed the whole situation properly.

Just trying to get the whole picture straight before I approach them again asking for paperwork etc.

I now have another contact(manager) in USA who was relocated trying to assist me and give me advice.

DavidLemon

im not sure that this can be the case. If it were then you would have been informing HR that it was denied because it would have been told to you at the interview. It would have been impossible for HR to know you were denied before you if this is the case. Well that is my understanding, and seems to have been repeated here a few times.

Orangepants

Yes agreed. The company already has the L1 Blanket in place and all they have to do is send you a copy of that (1-797) along with the I-129S and you fill out the DS160 and off you go to the consulate with your passport for your interview. Why don't you print off the 1-129s and see what it is they have to know about you to complete this form - this is where your input is needed to detail your skills.

jeffreyhy

I'm trying to get my head around who is really behind this situation, you alone or the person in your company who offered you in the position in Texas - someone who doesn't seem to much care if you get the position or not since you seem to be having to figure out on your own why the transfer is being blocked by the US immigration authorities.

My thought is that if whoever offered you the position really wanted you in that position they'd be doing something about it. And if no one at a higher level is carrying on the fight advocating for you, you're not going to be successful fighting this on your own. 'The company' is just going to move on to put the next person in line into the position.

Regards, JEff

S Folinsky

This thread simply does not hang together in my mind. Furthermore deponent sayeth not.

Steve_

Read the regulations is all I've got to say: http://www.uscis.gov/ilink/docView/S...0-0-18818.html