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giulianoseguro

What happens to my other visa/options if I get denied for the family based visa?

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Hi guys,

I'm waiting for the AOS to be approved and the interview schedule but had a couple questions I'd like to ask the experts in here:

1 - I do have a possibility of getting a L1B visa through my company in the future - If my current family based visa gets denied at the interview (my case is complicated) would this complicate things when trying to get a L1B visa through the company I work for? (lawyer said no but wanted to corroborate with real experiences from people in the forum if possible)

2- I know that if I get approved, the invalidate my B1/B2 - If I get denied, will they also cancel my B1/B2? I do a lot of traveling to the US for work and I'm afraid they'd cancel my visa saying I have intent to immigrant.

Any of those 2 could jeopardize my job so I just want to make sure I have all my basis covered before going to the finals steps.

Thanks again everyone!

Giuliano

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1. Depends on why it is denied. Your case is complicated so it may also make an L visa difficult to obtain. Hard to determine which limited information

2. Possibly.

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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An L and a B visa both require you to prove you have no immigrant intent (i.e., you can be refused 214(b) for either one). You eill have an uphill battle proving you do not intend to immigrate if you recently applied for and was refused an immigrant visa, IMO.

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Hi guys,

thanks for both replies. Although there's one thing I don't understand...

If my family based visa doesn't go through I'll have to make my peace with it and I have no intention whatsoever of living in the US illegally since it means I'd lose my job.

Isn't the fact that my worker requires me to come to the US from time to time( and I have been here 3x in less than 1yr working for them and while my immigrant petition is still being processed) proof that I won't violate the terms of my visa? I could've stayed here the first time around if I wanted to. They provide me a letter attesting that they're the ones requiring my trip and will be paying for everything and I'll be returning home afterwards.

All and all, If I have the opportunity to move to the US due to this family based petition, I'd love to and definitely arrange a transfer within my company but if that doesn't happened is not something worth loosing a great job over and living against the law. I know that just saying it doesn't prove anything but I can't think of more ways to proving this

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You say your case is complicated. With such limited information no one can answer your further questions with specifics.

Ultimately it will be up to the CO that adjudicates your petition.

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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L is dual intent.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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L is dual intent.

Hi Boiler,

That was my initial thought about L because my company said I could get a greencard later on if I get the L1B however I couldn't find that information online (about it being a dual intent)

So I guess I'd be ok with the L right? I just contacted my lawyer and she said even if it all fails the L would still work ( but I wanted to get some real experiences to corroborate the info)

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