B1 in lieu of H1B rejected - 214(b) refusal

Discussion in 'General B Visa and Related Issues' started by myjob2017, Aug 28, 2017.

  1. myjob2017

    myjob2017 New Member

    I am working with a multinational automotive company in India. Recently my company processed my VISA for a short term work in US(3months). It was B1 in lieu of H1B but got rejected citing 214(b) clause. I have no idea why it got rejected as the consular officer didnt ask me much questions. He took the attorney letter which I had submitted and told me admin processing is required. At the end my Passport came without VISA stamping.

    Now my company is attempting me to send in L1B. The span of travel is 3 months. Is this category the right choice? Or is it better for me to process L1-individual ?


    Would like to have expert opinion from you guys on this subject
     
  2. Triple Citizen

    Triple Citizen Registered Users (C)

    Are you being transferred to your firm's US office for 3 months?
    If so, L-1B is the correct visa to apply for.

     
  3. myjob2017

    myjob2017 New Member

    I will be transferred to US firm permanently through L1B. My VISA rejection (B1 in lieu of H1B ) happend last year.
    What is the risks of my L1-B getting rejected? Is it better to process through 'L1-individual' route rather than 'L1-Blanket '?
     
  4. myjob2017

    myjob2017 New Member

    Could any body give a guidance on this topic?
     
  5. 1AurCitizen

    1AurCitizen Registered Users (C)

    Your firm's HR/legal/attorney would be ideal resource to reach out to, considering they best understand the requirements of the position and your qualifications.
     
  6. myjob2017

    myjob2017 New Member

    Thanks for the response.
    Wanted to understand the right process from the expert community here before having any discussion internally.
    I would like to validate my below understanding
    My "B1 in lieu of H1B" got rejected citing 214(b) clause - which states that I have not demonstrated ties with home country which will compel me to return home after my US visit. It seems they have considered me as a possible immigrant ( I have no clue why?).
    Since L1 is a dual intend VISA, would it be OK to go ahead and apply L1-B or as a precautionary measure I should go ahead with L1- Individual?
     
  7. SusieQQQ

    SusieQQQ Well-Known Member

    I’m certainly no L expert - but - the whole concept of “B in lieu of H” sounds totally suspect, one is a short term visit visa and one is a long term work visa. It is clear that the B was never intended to be used for a short term visit, and that your intent was to stay and work, so it’s not at all surprising it got rejected.

    Surely you have an expert company immigration lawyer to help you with the L who can advise you? Not entirely sure why you’d rather rely on anonymous internet “experts” over a known lawyer who specializes in this?
     
  8. myjob2017

    myjob2017 New Member

    Fair point , Thanks
    That's because the same lawyer advised me to go with this sandwich VISA!
     
  9. SusieQQQ

    SusieQQQ Well-Known Member

    Ok that is a bit concerning! Hopefully he knows more about the L process...
     
  10. 1AurCitizen

    1AurCitizen Registered Users (C)

    I've worked with/around a good number of indian nationals on H/L visas, and in their own words, their primary intent has been to 1. get to the US, and 2. once in the US to figure out ways to not return to india. Not saying that was OP's intent, but can't deny what's common among the NIV masses.

    From that perspective, changing from a B1 denial to an L-category visa attempt will likely attract scrutiny. Of course COs are seeing the trend too. On a side note, it appears a bit perplexing to be seeking an opinion on an internet forum as opposed to Legal in a firm.
     
  11. myjob2017

    myjob2017 New Member

    I will definitely seek a legal opinion in this matter. It would take some time for them to get on-board. Meanwhile I am trying seek some expert advises.
    My legal team might push for L1-B . But I am bit concerned on the risk of another rejection as the clear reason for last rejection is unknown(It was based on 214(b) clause ). I would like to opt for L1- Individual category. Is that a right choice in this context?
     
  12. 1AurCitizen

    1AurCitizen Registered Users (C)

    That's the way to go. Keep the forum posted on the attorney's advice.
     
  13. myjob2017

    myjob2017 New Member

    Hi.. I got a feedback from attorney to go with L1-B visa instead of L1- Individual. I am bit unclear if this is the right way forward....Not that I am mistrusting him, but seeing blogs, L1- Individual is the least risky way... Can some experts in this forum comment?
     
  14. 1AurCitizen

    1AurCitizen Registered Users (C)

    Company that employs you suggested L1-B
    Attorney that has your info suggested L1-B
    10-mos ago a forum Expert suggested L1-B

    Where is the confusion?
     

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