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L1B Blanket Visa rejected a week back. What are the chances and waiting period for H1B or L1A visa application approval?

Indio, CA |

My L1B visa got rejected a week back. The visa officer asked me to apply for H1B visa and handed over a blue form mentioning that my "L-1 application is not approvable under * CFR 214.2 (I)....etc". My company applying for H1B visa now. What are the chances of approval of my H1B application? Should we wait for sometime and then apply? Also, what is the waiting period and chances of approval if the company tries for L1A visa? I am an Indian citizen, haven't been to US but have worked in UK for 2 yrs and with total exp. of 5 yrs. Need to take a quick action on this. The US assignment is time critical and needs clarity over this asap.

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Attorney answers 1


It is impossible to answer your question without knowing more about the position offered, its requirements, your background, the reasons for the L-1 denial, etc. If the position qualifies as a specialty occupation and you meet the degree requirements, you should be able to get a H-1B unless there was something in your application that makes you inadmissible to the US. Just because you had a prior visa denied does not necessarily cause problems in the future. However, the requirements for an L-1B blanket and for a H-1B are similar, so if the L-1 was denied because the position was not professional, a H-1B might have the same problems.

The benefit of a H-1B is that CIS adjudicates the petition, not the consulate, so the attorney may be able to address any concerns that CIS has before they decide.

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