L1B Experience - Approved but officer said "with comments"

[giulianoseguro 8]

Hi VJ friends,

I'm hoping you can enlighten me with your expertise.

I just had my L1B interview at the consulate and the experience was far from perfect however after a long ordeal of questions and going back and forth the consular officer said the visa was approved (yay!). Allow me to tell yo the full story.

The officer was clearly new as he was taking a long time with all the visas and going back and forth to ask questions to his peers. (Apparently he was only doing work visas). After answering all his questions about my work, experience and specialized knowledge, he stood there reading something in his computer for about 10min without saying a word.

Then he started asking me questions about my answers in the DS-160 form. I've had an overstay of 9mo back in 2007, have had a immigrant petition also around the same time and got an ESTA (VWP) denial a few years later for a passport I no longer have. All those questions were present in the DS-160 and I answered them thoroughly and truthfully. He kept pressing about my spanish passport and the ESTA (VWP) denial. I told them I had a spanish citizenship from my grandparents but that when I turned 21 I was no longer eligible to maintain without living for a period of time in Spain however I wasn't aware of it at the time and even though my passport was still valid it had been revoked by the Spanish embassy hence my ESTA got denied (I only found that after going to the spanish embassy). A couple years ago when I did my B1/B2 I had also answered the exact same questions on the DS-160 and the officer didn't ask me anything in the interview and approved my visa. I have successfully been in and out of the US multiple times since then with no issues.

After saying all that, he went to the back once again to talk to his superior and then came back about 5min later. He then said that most times an ESTA (VWP) denial causes some confusion at the POE therefore he was including a comment on my visa about the situation to "help me avoid any problems at the POE"

He then stamped the I129S and said that the visa was approved for me and for my wife (L2). The CEAC website now shows both visas as being "ISSUED".

Now to my questions:

1. Where would this so called "comment" show up? In my visa page in the passport or in the systems of USCIS? Have any of you faced anything similar? I'm curious to know what this comment would say and it is going to be an issue when I get to the POE.

2. How soon can I enter the US? The officer didn't say anything about that. Someone from my HR department told me 10 days from the start date but the start date on the I129S says March 28th and my offer letter says April 1st. Which one is the official start date I should use to count the 10 days?

Any information would be greatly appreciated!

Thanks,

Giuliano

[milimelo 4,477]

CBP at POE will be able to see in their system the comments.

10 days prior to April 1 - so March 23?

[giulianoseguro 8]

CBP at POE will be able to see in their system the comments.

10 days prior to April 1 - so March 23?

Thanks for the info my friend!

Quick question on the date, everyone told me the I129S is the official document not the offer letter and the I129S is dated as of March 28th so shouldn't it be March 18th?

Just wondering what the CBP will consider because I know I have to show the I129S but not sure if he also needs to see the offer letter and then compare dates.

Any idea?

Thanks again,

Giuliano

[Mollie09 1,543]

What date does the visa say?

[giulianoseguro 8]

What date does the visa say?

Just got the passports back today. Visa just says "Blanket L1 - Must present I-129S at POE then my employer, the petition number and PED"

It doesn't seem to be anything out of the ordinary from other L1Bs I've seen around. Anything I should worry about?

I'm guessing the comments will be in the CBP's computer as our friend mentioned earlier.

Also, the visa stamp is only valid for 24mo. but my I-129S is valid for 3 years. I'm guessing this is because of the reciprocity schedule with Brazil but if someone could confirm that'd be great.

Thanks guys!

[Mollie09 1,543]

Just got the passports back today. Visa just says "Blanket L1 - Must present I-129S at POE then my employer, the petition number and PED"

It doesn't seem to be anything out of the ordinary from other L1Bs I've seen around. Anything I should worry about?

I'm guessing the comments will be in the CBP's computer as our friend mentioned earlier.

Also, the visa stamp is only valid for 24mo. but my I-129S is valid for 3 years. I'm guessing this is because of the reciprocity schedule with Brazil but if someone could confirm that'd be great.

Thanks guys!

I would use the date on the I-129S then.

Also, the visa stamp is usually valid for less time than the petitions, same thing for H1Bs. We're both brazilian, but I'm pretty sure it applied to other nationalities on H1Bs as well, nothing to worry about.