memiek

Hi,

Has anyone have any experience with the "Request for Evidence" process when applied for a L1b?
So far the following has happened (as being told by the company):

- They applied for a L1b
- Paid for Premium Processing
- Were supposed to file half June but after e-mails from us beginning of July we found that they probably filed later as they then mentioned USCIS has until July 14 o reply
- On July 16 we were told he USCIS asked for RfE and that the company has until August 20 to get the paperwork together for that
- Company mentioned to us all paperwork is already in order and ready to be sent in (June 16)
- That's the latest we have and know, no updates form either he company or lawyer, we don't have the receipt number (they bit our head off when asked for it, as if we wanted to check on them)

I have found that Request for Evidence is asked more when applying for a L1a but not that much or a L1b.

Does anyone know how long it will take for USCIS to process the request for Evidence if the original request is premium processing? Or does anyone know if it happens (often) that the L1b will be denied?

Thanks for putting your thoughts forward on this.

megalaser

Sounds like you don't have a good level of communication with the company that petitioned your Visa, they may have made a simple error with the application or the evidence. My advice to you is not to blow this and to talk to them fast! You need to find out exactly what evidence the USCIS is requesting and do whatever you can to give them exactly what they are asking for immediately. If there is a communication problem between you and the petitioning company then just ask them if you can talk directly to the lawyer who did the application - whatever way you do it you need to find out what evidence is requested and get it to them immediately because you only have 30 days and if they don't get it then you don't get your Visa.

memiek

Thanks for the reply Megalaser.
Your right that there is a communication problem. It seems that they just don't understand what is involved in moving countries and how agonizing it is sitting on the other site of the world and just wait for a reply.
We are in contact with the lawyer as well, have been since the beginning, but they are instructed not to talk to us directly (this came after we asked for the receipt number). Its just the HR manager who is like this luckily, we have now some other people involved from the company as well and finally getting some answers.
The evidence requested is related to some of the education of my husband and how it relates to his job. We got this by e-mail last Thursday (more than a week after it has been requested by the USCIS) and have completed all the answers for them the same day. We send the reply directly to the lawyer with the HR manager in CC. If all goes well, the lawyer will send the completed request to USCIS tomorrow (that is, if the HR manager has approved of the accompanying letter and has send that back on time to the lawyer).
All in all its just the fact that you don't have any control over the processes yourself that leaves a person feel stressed out. With a bit of luck, it will all be going okay from now on (I don't even want to think about the other possibility)

megalaser

Lack of communication can be frustrating but looking at it optimistically if they have paid for a lawyer and paid from premium processing then somebody at your company really wants you to have the Visa. If it is approved then you will have all the information on the paperwork for your appointment at the consulate. Good luck with it!

memiek

Can't wait for the paperwork to come in and finally make that appointment. Already glad we chose Brussels and not Amsterdam (difference in wait time is unbelievable!).

Thanks for the positive look on things, does help with reducing the stress

Folinskyinla

Hi:

Just a point about "point of view" -- it pays to remember that it is your EMPLOYER who is filing the petition and, notionally speaking, it is NOT your application at all. The only thing YOU file and pursue is the actual visa application. And even then, the employer can change its mind and cancel the petition [that can happen even after you are in the US].

I know this sounds harsh, but it happens to be true.

Also, among the immigration bar, there is an internal debate regarding the implications of "dual representation." And that debate is quite heated at times. But I can easily envision that the dual representation issue is influencing how you are being treated. So, for now, please note that the lawyer is NOT your lawyer, she is the employer's lawyer.

Good luck.

memiek

You are right of course, I'm aware that the lawyer is working for the company and not for us. I believe its also why they will always communicate with them in CC (makes sense).
Maybe its also one of the frustrating things: its our lives that change big time due to this intended move but we have no real say in the matter. Its my husbands employer and the lawyer that need to file everything, make sure the paperwork is correct and we sure don't want to upset either one of them as you never know, it might impact what they are willing to do.

memiek

Oh... and thanks for the good luck

Socal Local

Just bear in mind that if you feel like that now, it only gets worse once you've upped sticks and moved, but are on a visa that is completely tied to the employer. I am not sure if you are doing this as a short term placement or a more permanent move, but if it is the latter I would definitely try to get something in writing about what they will and won't do as far as green cards are concerned and what their timescales are for this.

memiek

Luckily there is something in the contract about a GC (they will start the process after 6 months if we think we would like to stay).

For this company, the fiscal year ends on 1 august and we noticed yesterday that they have most of that sorted as suddenly the communication was going flawlessly. Every question got answered, good updates of where we all are in the process (hubbies boss is on holiday and he needs to review a letter.... when he comes back, the HR director will be away for a week and she needs to review his reviews). At least we now know again where we stand and hopefully USCIS will be kind enough to grant us the L1b after they receive the requested evidence