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Situation :

I'd applied for a L1B Blanket visa and my wife attended the interview with me for a L2 visa. The Blanket application was rejected as "Not clearly approvable". My wife is now planning to apply for a B1 visa to visit USA as part of her current job duties.

Question :

Does the L2 application need to be reported as a denial when applying for a B1. Also, we're expecting her B1 interview to be done around 20 Feb, and will be reapplying for a L1/L2 around 1st March. Is this behaviour that triggers a red flag for the US Embassy?

  • The reason are applications are structured in this way is that my L1 Individual petition is expected to be approved\denied around 1st Feb, if it gets approved we'll book an appointment for the first available date, however in case of a denial of the petition both of us plan to continue our jobs in India, and her job requires travel to US under B1 for a week or 2 every year – user106519 Dec 18 '19 at 9:14
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    Why do you want to hid some information they already know? – Giacomo Catenazzi Dec 18 '19 at 15:23
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Does the L2 application need to be reported as a denial when applying for a B1?

Yes. If she doesn't report it, the visa officer may find the application deceptive, which can result in a permanent ban from the US.

As with most cases of previous refusals, the refusal itself is no barrier to a future visa application. It's just an opportunity for the visa officer to discover additional information about the applicant.

If there is some circumstance that led to your L-1B refusal that also applies to her, then that could affect her future application. From the sound of it, that is not the case, but without knowing the whole story it's not possible to say for sure.

Also, we're expecting her B1 interview to be done around 20 Feb, and will be reapplying for a L1/L2 around 1st March. Is this behaviour that triggers a red flag for the US Embassy?

Maybe, but a red flag similarly doesn't matter by itself. What matters is the result of the visa officer's additional inquiry triggered by the red flag. As long as you and your wife have legitimate reasons for the timing of your applications, which it sounds like you do, there should be no problem.

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