retzie

My feeling is that this decision was completely internal. I would say someone in HR has looked at an L-1B checklist and decided you don't fit the requirements of their blanket petition. (Is it possible a blanket petition does stipulate a degree in the specialist field?) It sounds like there has not even been a thought toward putting together an individual petition - you would know if you'd sent them transcripts, letters detailing expertise, etc.!

I very much doubt anyone outside of HR has had any input at all. It would be the person trying to hire you's decision to press ahead with an individual L-1B - I can't imagine HR would do it voluntarily.

This is likely an uninformed decision on the part of HR alone, which can be remedied (or at least better understood) by a little digging. alfista1 - I'm sure you are just venting on here, but for best results, do try to reign in your disappointment and confusion while investigating.

alfista1

Thanks for everyone's input.
I have a lot of useful information at hand and continue to ask HR about it.

Yes you are right that if the hiring manager really needed me that this would have gone through I believe.

Spanner in the works: the hiring manager (who was supposedly so impressed with my skills) has just changed roles and is in another organization of the business!!! Does not help my situation one bit.
So why would the new leader care without even meeting me?

Think I am screwed!

Pulaski

I wonder if someone decided, after the hiring manager moved, that the easiest and most certain way to kill your transfer was to report the visa as having been denied?

DavidLemon

If you are still remaining in your current position, I would not exactly say you are screwed. You still have a job and still get a paycheck. For sure though one could say you have been screwed.

Some people are not that good at breaking bad news, so to avoid possible confrontation they look for the easiest but most finite way of breaking bad news. For example, it is much easier to say it was denied by UCSIS than it is to say you are not wanted over there. You will harbor no bad feelings towards them, especially if they insist that they are as gutted as you and that they had tried everything. Even if that is not true, they would never expect you to know that.

The only people that know the truth are those that made the decision, and it might never really be disclosed to you. However if it is just a small misunderstanding and was summarily denied based on the wrong people looking at the paperwork and making the decision, then it might be possible to overturn said decision and get the ball rolling once more.

I know when my process was in place (H1 not L1) i insisted on being involved every step of the way. Decisions were made that I was not overly happy with and because I was kept in the loop i knew who was making those decisions so could approach them directly to ask why. That may not be possible in the larger organisations.

Orangepants

I feel for you. I lost my hiring manager too, he got a better offer at the SEC and jumped ship and then popped me an email to wish me well but did put me in touch with a couple of MDs who fortunately wanted me to. Perhaps he could do this for you?

The conclusion of my story - lawyers submitted the L1b petition on the Thursday. The following Monday woke to the news that Citi were buying the Bank for pennies on the dollar and my transfer was put on hold.. I finally gave up after 2 yrs and 2 months in London and went back to Cayman, got my old job back (better position) and learnt a lot from the experience. Wasn't meant to be..and I'd already got my house, car, boyfriend and dog in the US..

alfista1

I really honestly believe I got the job. My current boss got unofficial feedback from my interviews and said they were very impressed and wanted me in their team.

IMHO something went wrong with the visa process and now they want to clean their hands of it and take the next candidate.

But who knows?
I'm still wanting to know how the immigration attorneys handled the petition.
I will push for that.

alfista1

Also I learnt a lot (the hard way) and if the opportunity comes up again I know how to approach it and what to ask for.

DavidLemon

Oh something obviously went very wrong with the process, otherwise you would not be here. However im leaning towards agreement of the others here that have said the same thing. It is likely it went wrong internally, and never made it outside of your company walls.

Based on everything you have said, the above is the only thing that makes any sense.

hungryhorace

I think you're telling yourself what you want to hear. You've been told what in all certainty really happened.

Suggest you just move on, i know it's not that easy, but the decision has been made internally for you. You just have to deal with it i'm afraid.

alfista1

I'm still going to push for the USCIS letter.

DavidLemon

As you so well should, but if it does not exist (which is very likely) then maybe that will give you the closure you need.

alfista1

If it does not exist then I'd be inclined to bring in an attorney to take legal action.
(yes losing my job in the process then I'd have complete closure)

Noorah101

What kind of legal action could you take, though? The US Manager (who is no longer there) gave you the verbal idea that he'd like you on his team. That doesn't seem very binding.

HR told you the visa got rejected, right? Maybe you can prove that no petition was even submitted, but can you sue a company for lying to you? I don't think you can do that in the USA...not sure about the UK.

Rene

DavidLemon

You can sue for anything anywhere, but will it hold up in court is the question. I would say not in fact the only action it may server will be to make the judge have a good old belly roll

alfista1

I have written confirmation of the job offer from HR.
If they offer a job to you and lie about filing a visa petition surely there must be an attorney who can take action on that basis?
Anyway I'm sure it won't reach that point.