L1 B visa denied! Devastated
Apr 11th 2013, 9:13 pm
#91
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Re: L1 B visa denied! Devastated
Think twice before you bite the hand that feeds you. Might just be better to put it down to one of life's lessons, and if it really irks you that much seek employment elsewhere and leave on your own terms.
Apr 11th 2013, 9:43 pm
#92
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Re: L1 B visa denied! Devastated
Every job offer I've ever had here has included something about 'subject to meeting the requirements of the INA'. Claiming that you do not is a convenient way to void the offer.
Personally, if they're d!cking you around at this point, I certainly wouldn't recommend upping sticks and moving around the world on the basis of their support. If they suddenly took it upon themselves to fire you, you'd be left needing to leave the country in quite a hurry, which would be several orders of magnitude more stressful and disappointing than what you're experiencing now!
By all means try to get to the bottom of this, but remember: the viable opportunity may still be a way off.
Personally, if they're d!cking you around at this point, I certainly wouldn't recommend upping sticks and moving around the world on the basis of their support. If they suddenly took it upon themselves to fire you, you'd be left needing to leave the country in quite a hurry, which would be several orders of magnitude more stressful and disappointing than what you're experiencing now!
By all means try to get to the bottom of this, but remember: the viable opportunity may still be a way off.
Apr 12th 2013, 11:01 am
#93
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Re: L1 B visa denied! Devastated
If they decided not to file they decided not file simple as that. You can't force them to file if they don't want to
Apr 12th 2013, 1:15 pm
#94
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Re: L1 B visa denied! Devastated
Been quite an eye opener for me really, how they handled the whole situation.
Some things happen for a reason some times.
Thanks all for the advice. Greatly appreciated.
Some things happen for a reason some times.
Thanks all for the advice. Greatly appreciated.
Last edited by alfista1; Apr 12th 2013 at 2:07 pm.
Apr 12th 2013, 7:05 pm
#95
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Re: L1 B visa denied! Devastated
They have set up a meeting with me for next week. I have clearly listed the points I want to discuss (letter of denial from USCIS for example). Motion or appeal etc etc.
I'm also getting fed some information from the consulate office of the embassy here to clarify some points.
Well this is just to get some formal closure and not leave me in the dark.
HR requested the meeting(with the director) as they realized I had so many doubts about the whole process.
We'll see!
I'm also getting fed some information from the consulate office of the embassy here to clarify some points.
Well this is just to get some formal closure and not leave me in the dark.
HR requested the meeting(with the director) as they realized I had so many doubts about the whole process.
We'll see!
Apr 12th 2013, 9:19 pm
#96
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Re: L1 B visa denied! Devastated
Confirmation from the consulate.
You are correct that there is no specific degree requirement in general, though it is possible that in certain instances, the lack of a relevant degree would call into question the ability of the Beneficiary (the employee, you) to perform the described work. It is also possible that the lack of a degree requirement by the employer in filling the position suggests to USCIS that the nature of the proposed work does not meet the requirements to be considered “Specialized Knowledge” (as you can see in 9 FAM 41.54 N7.3 “L Status Not Applicable to Skilled Workers,” USCIS will deny a petition if the proposed work does not reach the Specialized Knowledge threshold). Review 9 FAM 41.54 N7 “Nature of Services Performed” for more information.
Since the U.S. Embassy does not have access to the details of the case, nor the authority to approve L1B petitions, it is impossible for us to comment on your case specifically. We suggest that you discuss the petition with your human resources department to understand why the petition was denied, either because of an issue with the proposed work, or with the Beneficiary’s (your) qualifications. The HR office would certainly have received a notice that the petition was denied. You and your HR office should direct questions to USCIS.
Best regards,
Consular Section
Since the U.S. Embassy does not have access to the details of the case, nor the authority to approve L1B petitions, it is impossible for us to comment on your case specifically. We suggest that you discuss the petition with your human resources department to understand why the petition was denied, either because of an issue with the proposed work, or with the Beneficiary’s (your) qualifications. The HR office would certainly have received a notice that the petition was denied. You and your HR office should direct questions to USCIS.
Best regards,
Consular Section
Apr 13th 2013, 3:23 am
#98
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Re: L1 B visa denied! Devastated
I see the EAC current case status page on line now.
Never knew this existed.
Another thing I'll be asking HR for.
Last edited by alfista1; Apr 13th 2013 at 3:35 am.
Apr 13th 2013, 11:06 am
#99
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Re: L1 B visa denied! Devastated
Your employer does sound suspect in this! I'm currently going through the LI A process, but thought it might be helpful for you to know what steps have been taken by me and my employer.
1. My employer (a large multinational) confirmed they would support my transfer and provided me with a formal offer letter
2. The company's global mobility team and the external immigration lawyers they work with got in touch within a couple of weeks, requesting I complete several forms, including very detailed employment, education and travel history. In these forms it also asked me to set out my case for eligibility for either the LI A or LI B
3. They're reviewing all of this information now and next week I have to submit my official application online, including my company's blanket petition reference
4. If that's accepted, I'll have to schedule an interview appointment at the embassy. At which time I'll know whether I've been granted a visa
I'm sure the process is different for everyone. But for me, I've had to do a lot of work to set out my eligibility, even with the full support of my employers - and I'm still really nervous about whether I'll be successful! Really hope everything works out for you.
1. My employer (a large multinational) confirmed they would support my transfer and provided me with a formal offer letter
2. The company's global mobility team and the external immigration lawyers they work with got in touch within a couple of weeks, requesting I complete several forms, including very detailed employment, education and travel history. In these forms it also asked me to set out my case for eligibility for either the LI A or LI B
3. They're reviewing all of this information now and next week I have to submit my official application online, including my company's blanket petition reference
4. If that's accepted, I'll have to schedule an interview appointment at the embassy. At which time I'll know whether I've been granted a visa
I'm sure the process is different for everyone. But for me, I've had to do a lot of work to set out my eligibility, even with the full support of my employers - and I'm still really nervous about whether I'll be successful! Really hope everything works out for you.
Apr 13th 2013, 12:12 pm
#100
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Re: L1 B visa denied! Devastated
Anyways good Luck to you in you're application.
Apr 13th 2013, 3:05 pm
#101
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Re: L1 B visa denied! Devastated
Your employer does sound suspect in this! I'm currently going through the LI A process, but thought it might be helpful for you to know what steps have been taken by me and my employer.
1. My employer (a large multinational) confirmed they would support my transfer and provided me with a formal offer letter
2. The company's global mobility team and the external immigration lawyers they work with got in touch within a couple of weeks, requesting I complete several forms, including very detailed employment, education and travel history. In these forms it also asked me to set out my case for eligibility for either the LI A or LI B
3. They're reviewing all of this information now and next week I have to submit my official application online, including my company's blanket petition reference
4. If that's accepted, I'll have to schedule an interview appointment at the embassy. At which time I'll know whether I've been granted a visa
I'm sure the process is different for everyone. But for me, I've had to do a lot of work to set out my eligibility, even with the full support of my employers - and I'm still really nervous about whether I'll be successful! Really hope everything works out for you.
1. My employer (a large multinational) confirmed they would support my transfer and provided me with a formal offer letter
2. The company's global mobility team and the external immigration lawyers they work with got in touch within a couple of weeks, requesting I complete several forms, including very detailed employment, education and travel history. In these forms it also asked me to set out my case for eligibility for either the LI A or LI B
3. They're reviewing all of this information now and next week I have to submit my official application online, including my company's blanket petition reference
4. If that's accepted, I'll have to schedule an interview appointment at the embassy. At which time I'll know whether I've been granted a visa
I'm sure the process is different for everyone. But for me, I've had to do a lot of work to set out my eligibility, even with the full support of my employers - and I'm still really nervous about whether I'll be successful! Really hope everything works out for you.
Will they provide you with an EAC number to check online the progress?
I believe I'm building a good case here to meet with HR on Monday.
Apr 13th 2013, 3:42 pm
#102
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Re: L1 B visa denied! Devastated
I think that you need to be building a case as to if the position you were offered still exists and if the offer for that position still exists. If the answer to the two is yes, then present HR with the facts you know that will help in getting you your desired outcome.
To build a case against HR or the way the process has been handled so far may help get you closure, but may also hinder you ever being put forward to go through the process for your company in future.
To build a case against HR or the way the process has been handled so far may help get you closure, but may also hinder you ever being put forward to go through the process for your company in future.
Apr 13th 2013, 3:54 pm
#103
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Re: L1 B visa denied! Devastated
He just got the approval Notice (1-797B) last week and this week have just booked our flights and apt at the London consulate for next month. All very fresh as we have just been through this for him for the last two months.
You seem to be building a good case that will prove that they have lied to you and have not actually submitted anything.. But be careful as David said you could be digging your own grave with respect to your present job and future opportunities.
Good luck..
Last edited by Orangepants; Apr 13th 2013 at 3:56 pm.
Apr 13th 2013, 4:04 pm
#104
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Re: L1 B visa denied! Devastated
NYC_Bound wont have an EAC number because her company already has the blanket petition in place. She will take a copy of the approval blanket L1 to the Consulate with her passport and have the interview and be told there and then if she has the visa. Two different processes - which is why everyone is telling you that the blanket petition story is complete BS and the only plausible scenario for you, could be a very badly completed individual petition submitted to USCIS.
Apr 13th 2013, 4:30 pm
#105
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Re: L1 B visa denied! Devastated
NYC_Bound wont have an EAC number because her company already has the blanket petition in place. She will take a copy of the approval blanket L1 to the Consulate with her passport and have the interview and be told there and then if she has the visa. Two different processes - which is why everyone is telling you that the blanket petition story is complete BS and the only plausible scenario for you, could be a very badly completed individual petition submitted to USCIS.
so individual petition: EAC number (on Notice (1-797C))
Blanket: no EAC number, straight to embassy with blanket approval for the interview. NYC_Bound: what application online did you complete? DS-160?
Last edited by alfista1; Apr 13th 2013 at 4:36 pm.