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Immigration Issues/L1 A Visa ' Not Clearly Approvable' - Reapplying on L1B

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Question
Hi Ajay,
I recently appeared for L1A visa (blanket petition) at Delhi Consulate. I
already have travelled to the US on B1 Visa and currently hold a valid B1
Visa. I was asked the following questions:
Q1: What do you at 'xxx' (my company's name)?
Q2: What is your designation?
Q3: How long have you been with 'xxx' (my company's name)?
Q4: How long have you working in managerial role?
Q5: How many people report into you?
Q6: Will you be performing same duties in the US?
Q7: Will you have people reporting into you?
Q8: but you will be hiring or firing individuals? you will not be measuring
individual's performances?

I have been working with my org. for over 7 years and have travelled in
various countries in the past. This was my first L1 Visa application. My
designation is of a manager and I work with over 50+ clients for my
domain. My role in the US was to manage a function in our company.

From what I understood of my conversation with the consul - since I do not
and will not have people reporting into me or have direct monitoring of
individual performances, I do not fit in the "manager" category for the L1A
Petition

Towards the end of the interview consul said that your company should
apply your visa in different category. I couldnt ask the consul which
category specifically.

My company is now evaluating the option of re-applying the Visa through
Blanket L1 B for me.

Can you help interpret "another category" that consul meant?
Secondly, we have time constraints for the project for which I was travelling.
Hence, Individual Petition will take a great deal of time. If my Visa is applied
under L1B category what are chances of it getting rejected? considering the
fact that my company feels that L1A is the right category for my Visa
application.

Answer
Information about the L1B category is here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a

However, your previous employment experience and other information as noted on earlier L1A petition may interfere with successfully applying for L1B if the Consulate decides that after all L1A is more suitable than L1B, as you are really an executive or manager, and that supervision of employees in L1A is not really required if you are responsible for a particular function within the company. So you can keep going around in circles...

Thus, it is probably best to go through another visa category altogether: H1B, where it does not matter about your specific specialized knowledge of the company, or whether you truly are a manager/executive. All it requires is that you possess a suitable bachelor's degree equivalent to a four-year U.S. degree. In any event, you are totally dependent upon the employer in selecting and filing any employment-based petition. Good luck.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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