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Immigration Issues/L1B Visa got rejected with 221(g) denial

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Question
My employer had applied for L1 visa under blanket petition and subsequently i appeared for Visa interview at an Indian US consulate on May 2009.
I was refused Visa under section 221(g) by the VO (failed to prove clearly as a specialized qualified professional) and he gave me a "Blue sheet" and also returned my passport and form 1-129S.
He has Only ticked "Your blanket L-1 is not clearly approvable under section 8 CFR 214.2(I) (ii) (D) and INA 101(a)15(L)" in that blue sheet.

My questions are as follows:-
1) First of all is my Visa completely rejected or it requires some additional administrative processing

2)Now what is the alternative for me to get a workpermit since i need to travel to US urgently?

3)What will be chances of my L1 individual petition getting approved?Is there any time frame i should wait for before applying for L1 individual or i can go for it immediately.

4)Will my L1-B blanket visa rejection have any impact on my next individual petition at the time of filing(with USCIS) as well as interview since i was denied on the ground of Specialized knowledge professional

5) Will this denial reason work against me next time(considering i am applying shortly and also for the same client, but i am sure i would be able to clearly explain my specialized knowledge to the VO, and the points whichever i missed out last time during the Visa interview  :(  )?

I am really worried.

Please help!

Note:- I have never travelled to US before and i hold a valid US B1\B2 visa.



Thanks in advance..and sorry for such a long mail

Best Regards,
-Anupam


Answer
Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Anupam,

Your scenario is one that is very difficult to overcome.  A 221g denial is a denial for any reason that makes you ineligible for the visa.  Without knowing why the examiner denied the case, you have no idea what makes you ineligible.

Since you applied using a blanket petition, your credentials and qualifications were never presented to the USCIS.  Rather, the Consular officer/VO got to make the entire analysis of the case, and in that case, there is no appeal of a Consular decision.

You could try applying for an H-1B since H-1Bs are still available.  Or you could come temporarily on the B1/B2, but you MAY NOT WORK FOR A US ENTITY ON THE B1/B2,  you could only visit for short periods of time of up to 6 months, normally.  You are probably better off applying for an H-1B.

The L-1B visa rejection may have a negative impact on future visas, but it really depends on why the L-1B was denied in the first place.  If the reason is something that is entirely irrelevant to another visa application, then it should not necessarily prejudice the next visa application.  Though in all honesty, having any visa denial makes it more difficult on other visa applications.

Where is the company's immigration lawyer in all of this?  Is the L-1B company not involved?  Did they intervene on your behalf?


Good luck,
Eileen Chun-Fruto
www.fongandchun.com
www.immigrationvisaattorneyblog.com
http://www.superlawyers.com/california-southern/lawyer/Eileen-Chun-Fruto/e5bf6f7  

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Eileen Chun-Fruto

Expertise

I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).

Experience

I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Organizations
Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

Education/Credentials
J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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