L-1A Blanket rejected, applying under L-1A Individual

[vishalt77]

Just wanted to get a general idea from the forum and from an attorney (if possible). I was denied under L-1A blanket at a US consulate in India. I was given a blue form and the officer said that, while I'm qualified, my petition is "Not Clearly Approvable" under L-1A blanket. He suggested that I could apply under L-1A Individual or H-1B.

While we are filing under L-1A Individual, I was wondering how an L-1A blanket denial petition would impact L-1A individual petition from an approval from the USCIS, and getting it stamped from a US consulate in India. My job responsibilities remains as it is. The only difference I see is the extensive documentation required in I-129 versus an I-129s, the supporting letter from the employer.

Please note that I was on H-1B for 6 years before moving to India in a capacity that allows me to fit in the L-1 category. Appreciate your comments/feedback.

[Attorney_23]

It is not unusual for a company to file an individual petition on behalf of a foreign national after the person is denied a visa under the company's blanket. That standard of review at the consulate is more stringent than the legal standard applied by USCIS.

That being said, your company may wish to consult with an experienced attorney before filing the individual petition.

[vishalt77]

Thank you. The company is using an experienced immigration attorney to file for the individual petition. I was just wondering how a denied L-1A blanket will impact the L-1A individual, as the job description/qualifications/salary remains as it is. However, the supporting letter is more detailed. As you mentioned, the standard of review at the consulate is stringent as compared to USCIS, how the review be different for an individual petition as compared to the blanket petition?