L1A extension denied, appeal or refile ?
I came here on a L1a new office Visa, company tried to extend my L1, we got RFE with many questions, replied to each and every question, finally received denial yesterday, it says denied as they dont think the job duties are managerial since there are only 2 employees in the company, my I94 expires on 11/16, they gave me 30 days to apeal, if I file a timely appeal, the decision of appeal might take 3-4 months, what happens if my appeal is denied ? The duration of time I spent from the denial notice to the decision of appeal, is that counted as ILLEGAL STAY ? Will my L visa be cancelled ? I also have a valid B1/Bs visa, will this affect my future admission into US on B1/B2 ? Also as I am still in status, what is a better option to appeal or quickly refile with additional job duties and new facts about recently hiring 1 more employee ? Please advice.
Can a B1 visa application for a company that isn’t reputable, be rejected?
I have been on B1, L1 and H1B. Based on my experience, the chance of getting rejected is very much the same. I was on B1 for a not very big firm in the US and I am not getting denied. It depends very much on your profile unless your company is on some fraud audit or has long history of visa abuse it does not play a big role in the decision.
Is a valid B1/B2 visa cancelled if an F1 visa is refused? If an applicant with an existing B1/B2 visa applies for an F1 visa and it is refused, is the B1/B2 still valid? Could he enter the US or would the B1/B2 be cancelled at the Port of Entry?
There is no obvious reason why someone who has previously been approved for visiting the USA on vacation or business travel would have that canceled just because they are not eligible to take up residence as a full-time student. But if the reason for rejection of the student visa application was that the new scrutiny in processing the student visa application turned up new derogatory information that had not been disclosed when applying for the B1/B2 visa, it might invalidate that earlier visa.
Will my B-2 (visitors visa) be cancelled if my application for F-1 (student visa) gets rejected?
All consulates may have different policies; the general rule is that one can hold two non-immigrant visas as long as the purpose of the visa, present or future, could still be operative and useful. For example, once your F-1 studies are over, you would be returning (temporarily) under your B-2 visa. There is no reason to cancel it since in the future you are likely to use it. However, once you graduated and finished your F-1 (including OPT), there is no reason to have a valid student visa in your passport - and it would likely be cancelled. With reference to your specific question, if the basis for rejection was 214b (not strong enough ties to your home country), they may indeed reconsider the B-2 visa in your passport. More likely, however, if you've used the B-2 visa, once or multiple times, and always returned in a timely manner, the officer may dismiss 214b concerns. But there other reasons why they might deny one's student visa, none of which would necessary involve concern about or cancellation of your tourist visa. Of course, being caught in any misrepresentation, even the smallest one, can certainly lead to cancellation. Always be honest and truthful.Need Immigration Answers?Call Heller Immigration Law Group NOW: 650-424-1900Email: heller@hellerimmigration.com
Will my boyfriend get his visa to the US approved with a criminal record?
The caution at age 15 is insignificant. The caution for possession at 18 may be insignificant if a "caution" in the U.K. does not meet the U.S. immigration law's definition of conviction. The visa officer would know one way or another. Driving under the influence could be meaningless. The false accounting conviction could be troublesome as any crime which has fraud as an element is a crime involving moral turpitude. There is a petty offense exception for which he may qualify as he has only one conviction for a crime involving moral turpitude. Neither the drug offense nor the driving offense involve moral turpitude. His best bet is to tell the whole truth. He should bring his record of convictions and judgments with him to the interview. He should allow the consular officer to have a chance to adjudicate his application for the visa with full data. As ugly as your boyfriend's record may be, there's a chance he is still admissible. If it turns out that he is not admissible, there's a chance he would qualify for a 212(d)(3) waiver. If he fails to be 100% truthful in his application, there is an excellent chance he will create a perpetual bar under section 212(a)(6)(C)(i), fraud in the application for an immigration benefit.
L1 visa extension based on pregnancy?
doubtful, very doubtful. your visa and your status expires when your petition expires. without a new petition, you wouldn't be able to remain in L status in the US. you could try to change status to B2, but there's no guarantee it would be approved, of course.
Is petition denial the same as a visa refusal, or how should I answer this question? “Have you been visa-refused according to a petition denied by USCIS before?”
A petitioner can have his or her petition denied, however because it is the petitioner who is denied, a visa applicant should be able to answer no to the question you posed.If the petition is approved and subsequently revoked after a visa official’s decision, that is a whole other matter. Now not only has the petition been revoked, but a visa has been refused, too. A visa applicant would have to answer yes to your question.The way your question is written is a bit ambiguous. A petition denial is not a visa refusal; a petition revocation usually is because it occurs after a visa has been refused, although petitions can be revoked for other reasons than the typical ‘petitioner and beneficiary’s relationship does not appear to be genuine’.I would be curious to know which country’s immigration form this question is on, if you could add a comment to that effect.Edit: In response to a comment, I am posting the wording of a question from US Department of State forms DS-160 and DS-230 (online versions):Have you ever been refused a U.S. visa, been refused admission to the United States, or withdrawn your application for admission at the point of entry?The US forms do not ask about denied/revoked petitions, only visas, which is why the question may be on another country’s form other than the US. The wording of the question from the OP is not proper English, so one could assume that the OP’s recollection of the wording of the question is faulty.
I'm an Indian. My US Visa (B1/B2) was rejected under section 214(b). Though I'm aware this is a temporary rejection and I'm eligible to apply again, what are the implications? Does this have an impact while applying for other country visas?
Let me share my experience with you.On Jan 21st 2016, I was rejected B1/B2 visa under section 214(b). The interview location was Mumbai. As this would have been my first visit to any foreign country and I got rejected in interview, I was not happy. I knew that this is not a permanent rejection, we can reapply it later but still I was not happy. Spent 2 days with this feeling and then I moved on with it.Then came in new requirement in which I have to again visit USA. My company asked me to re apply for B1 B2 visa in the month of June 2016, and I got 29th July scheduled for my interview.This time, as I had an earlier experience, I knew the whole process, what I have to do, where I have to go, what will be asked and what I have to speak. I was confident. But, while waiting for my turn, I was noticing the people who were coming out with there passports, which means they were rejected I think. To my surprise, approximately 90% of them were returning with their passports. Watching this, a bit of my confidence went down.But I was prepared. I was prepared to get rejected and I was also prepared to ask politely, what is the actual reason behind the rejection? If I got rejected this time also.Then came my interview. I was asked the following questions.What's the purpose of a visit?Tell me more about it?What will be the duration of your stay?What is so different about your application now?I clearly answered all of these questions and made the interviewer understand the purpose of my visit. I was cool and calm. During my full Interview he kept on typing something on his computer.After typing a bit more, he said "Your visa has been approved. Have a great stay."Me: "Thank you. Have a great day ahead!"