L1B : not Clear Approval"

vijaymann

New Member
Dear Forum

I got rejection for L1B visa last week. I applied through company petition, Can you please let me know what could the reason for rejection.

The consulate gave me Blue sheet and asked me to file individual petition.

Please find the questions that consulate asked me during interview. I think, I remember more than 90%.

After greetings, Consulate started interview

Consulate: Which visa you are applying for, special Skills or Manager?
Me: I applied for Special Skills

Consulate: Which company you are working?
Me: ********** Ltd

Consulate: For how long your are working with this company
Me: From last 6 years I am with *********.

Consulate: Which company you will work in US
Me: ***********

Consulate: How much big team you have in India
Me: We have more than 45 members team in India and 9 members are engaged in ***** support, one person is onsite acting as bridge between my company and ******* and we will replace each other.

Consulate: What your team is doing for this US company***
Me: We are doing patch management for more than 500 devices and monitoring for all the server and network devices for ********.

What is your designation?
I am Consultant Windows, (she repeated, consultant windows) Yes mam.

Consulate: What is your qualification?
Me: I am graduate and PG in computer science and have MCSE, CCNA, VMware and A+ certifications. I am also expert in Patch manger which is our in house built software; we are using this for patching all the servers. We have only 2 hours downtime for patch all the servers and patch manger help us to this task.

Consulate: Sorry Mr Singh I can not give you clearance for Visa.

Me: Am I not qualified for this?
Consulate: No no, this is not about your qualification, but US has this kind of expertise in their market.

Me: But we are using patch manager tool for patching and no one knows about this, except us.
Consulate: Yes, but this visa is for very highly skilled special knowledge people.

Me: Can you explain me in detailed; I have to explain my company
(She handed over me the blue color document)
Consulate: Please show this to your company, definitely they saw this before and know about this. Please ask your company apply for individual petition or different visa, but this time, I am sorry about this

She did not check and ask for any other document only passport, interview letter, BEP and I129
 
It looks like that the Consulate believes that you do not have "specialized knowledge", which is required for L-1B visa.

To prove a specialized knowledge capacity, your knowledge must be different from or surpass the ordinary or usual knowledge of other employees in the particular field, and must have been gained through significant prior experience with the petitioning organization.

Also, a specialized knowledge employee must have an advanced level of expertise in his organization's processes and procedures or special knowledge of the organization which is not readily available in the United States labor market. See http://www.greencardapply.com/question/question10/question10_1119.htm
 
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