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-   -   Impact o B1 visa revocation on L1 visa (https://www.askmehelpdesk.com/showthread.php?t=811503)

  • May 7, 2015, 11:59 AM
    techysahil
    Impact o B1 visa revocation on L1 visa
    My friend is an employee of a US based MNC in India. He had a valid B1/B2 visa with
    Multiple entries valid for 10 years. He visited US for a business trip back
    In August 2010 and was given I-94 with six months stamp. Due to business
    Reasons and due to health reasons he returned back to India in Jan 2011,
    i.e 5 and a half months(less than the allowed 6 months). US Embassy in India
    Contacted him after 1 year and 2 months asking him to submit his passport. When
    He visited the embassy they asked him the reasons of his stay extending 5 and
    Half months. He tried his best to explain but the embassy cancelled his
    Existing visa under Section 212(a)(6)(C)(I) because they suspected that he
    Was working on B1/B2.

    After 9 months, he appeared again for interview in January 2013. This
    Time again the interviewing officer asked him why he stayed for 5 months.
    This time he was rejected and reason given was 214(b).He was rejected for another B1/B2 application in 2013 few months down the line, mid 2013.

    It would be very helpful if you could help him know


    1) He has changed his company since and now the new company wants to apply a L1 visa for him. Whether he should apply for L1 visa given his B1 revocation and what are his chances of getting L1 visa?

    2) Will this cause him any issues if he applies for a work visa in some other country apart from USA as well? Let's say he applies for a UK visa, do they care about revocations and rejection by US embassy?
  • May 8, 2015, 11:39 AM
    techysahil
    Just to let you know, if you had not noticed already, the section mentioned above means the below:

    Under INA §212(a)(6)(C)(I), an alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under the INA is excludable. The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may have resulted in exclusion.
  • Jul 7, 2015, 11:13 AM
    NYcityboy
    As to the 214(b), the L-1A is a dual-intent visa, but the bigger issue is the previous basis for the denial. He may need to file a 212(d)(3) waiver to get the L-1 visa issued.

    Consult with an experienced immigration attorney. Good luck.

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