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Getting a L2 Visa Through My Spouse After My L1B Visa Was Declined

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  • 09-30-2013, 02:48 AM
    dl9604
    Getting a L2 Visa Through My Spouse After My L1B Visa Was Declined
    I am writing this seeking some help and would appreciate your immediate response

    I have over 16 years of experience and have travelled earlier on H1B visa to US .I do have a valid B1 Visa on my passport. Recently my company had asked me to process US Visa and as per their policies I had appeared for an L1B blanket interview at the chennai consulate. The VO said that he cannot issue a visa of the requested type(L1B) and returned the passport .He mentioned that i should try for other type of visa.The VO did not stamp any on my passport nor did he give any documented reasons to me .

    My Company policy is not to apply for a new type of Visa in the next one year timeframe.

    The Catch is My Wife had applied for her Visa based on me being asked to travel , her company applied it on L1A Blanket (she has the same level of experience) and she has been approved for a Visa . Her company want her to travel to the client location now.

    Questions that i have now

    1.Am I eligible to apply for a dependent Visa (L2) under my wife. given the fact that my L1B application was not considered favourably

    2. How soon can i apply

    3. What are the chances or approval / rejection

    4. I should be resigning from my current role . Would the Consulate consider that a reason to reject my L2

    5. I am planning to file in for a EAD once i am there on L2 and continue to work with other companies.During my Visa ,interview Should i be mentioning that i will be considering to work after EAD.

    Your support is greatly appreciated
  • 09-30-2013, 10:17 AM
    T53147
    Re: Getting a L2 Visa Through My Spouse After My L1B Visa Was Declined
    RULE 1: NEVER lie to US immigration. If asked about your work plans if you receive L2 approval, you must tell them you do plan to seek employment. It should not impact your visa either for or against.

    You can apply for L2 any time; approval is based on your wife's L1B and should not be affected by your L1B denial.

    Remember, your L1B denial could be caused either by a problem with your company or your qualifications. Some companies have misused L1B visas and as such may have denials of individuals otherwise qualified. Your reported response of his suggestion that you apply for another type of visa tends to indicate the problem was not with you.
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