Gurus, United Nations, I need help!!!
After responding to RFE on my concurrent 140/485 (CSC transferred to TSC in Mar 06), my company attorney today received news they are denying my 140 (1st preference classification as multinational executive or manager. I am currently on L1A visa and I am currently have responsibility of a department within my company. The reason for the denial was "....the petitioner has failed to demonstrate that the beneficiary was employed by the foreign entity in a primarily managerial or executive capacity..." They want to proof that prior to my position here, I had the same managerial or executive capacity when i was in asia for the same company. This is my 2nd concurrent re-filing 140. What options are available for me?
a) Do you think I should file an appeal and get my company Asia office to provide a letter from senior management to satisfy the reason of denial?
b) and at the same time, lawyer intend to re-file a fresh 140 (no more concurrent) and get my company in asia to proof i have managerial responsibilty and continue to file under first preference. Is this a good choice?
c) or do I do both (a) and (b)?
d) is there a need to proof that i have managerial responsibility prior to my coming to USA? I thought 140 is for future employment and over the years i have been promoted to where I am now. that is why I got my L1B converted to L1A.
e) My L1A expires in Nov 2007. Can I convert to H1 say in June 2007? Since I have LC approval dd Nov 2004? And if this is possible, can i keep renewing H1 each year till I am successful in my 140 approval and move on to 485? If this is possible, willl this be a safe route? I am not affected by retro.
Please help coz I am getting very frustrated for so long. Please see my history below.... Please PM me if anyone can help; or let me know how to contact United Nation who may shed more light into my situation.
Thanks.
Ken
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Status: L1B visa (arrive USA 2000)
1st LC filed 2000, approved 2002.
1st 140/485 filed 2003 (NSC)
RFE received on 140 in Nov 2003 (edu eval)
Responded and was denied byNSC
Appeal sent early 2004.
Refile LC 2004 (2nd LC) - Education requirement stated BA/BS or equivalent or work experience and/or education equivalent to a BA/BS.
LC Approved Dec 2004
Convert L1B -> L1A (approved and went to Vancouver, BC for visa stamping 2005
Appealed received back Apr 2005 which support NSC position
Refiled concurrent 140/485 2006 at CSC (PD Jan 30 2006)
FP Bio 3 done Feb 06
Transfered CSC -> NSC in Mar 06
RFE received June 2006 (140)
RFE responded July 2006
140 denied Aug 2006
__________________
Ken
After responding to RFE on my concurrent 140/485 (CSC transferred to TSC in Mar 06), my company attorney today received news they are denying my 140 (1st preference classification as multinational executive or manager. I am currently on L1A visa and I am currently have responsibility of a department within my company. The reason for the denial was "....the petitioner has failed to demonstrate that the beneficiary was employed by the foreign entity in a primarily managerial or executive capacity..." They want to proof that prior to my position here, I had the same managerial or executive capacity when i was in asia for the same company. This is my 2nd concurrent re-filing 140. What options are available for me?
a) Do you think I should file an appeal and get my company Asia office to provide a letter from senior management to satisfy the reason of denial?
b) and at the same time, lawyer intend to re-file a fresh 140 (no more concurrent) and get my company in asia to proof i have managerial responsibilty and continue to file under first preference. Is this a good choice?
c) or do I do both (a) and (b)?
d) is there a need to proof that i have managerial responsibility prior to my coming to USA? I thought 140 is for future employment and over the years i have been promoted to where I am now. that is why I got my L1B converted to L1A.
e) My L1A expires in Nov 2007. Can I convert to H1 say in June 2007? Since I have LC approval dd Nov 2004? And if this is possible, can i keep renewing H1 each year till I am successful in my 140 approval and move on to 485? If this is possible, willl this be a safe route? I am not affected by retro.
Please help coz I am getting very frustrated for so long. Please see my history below.... Please PM me if anyone can help; or let me know how to contact United Nation who may shed more light into my situation.
Thanks.
Ken
------
Status: L1B visa (arrive USA 2000)
1st LC filed 2000, approved 2002.
1st 140/485 filed 2003 (NSC)
RFE received on 140 in Nov 2003 (edu eval)
Responded and was denied byNSC
Appeal sent early 2004.
Refile LC 2004 (2nd LC) - Education requirement stated BA/BS or equivalent or work experience and/or education equivalent to a BA/BS.
LC Approved Dec 2004
Convert L1B -> L1A (approved and went to Vancouver, BC for visa stamping 2005
Appealed received back Apr 2005 which support NSC position
Refiled concurrent 140/485 2006 at CSC (PD Jan 30 2006)
FP Bio 3 done Feb 06
Transfered CSC -> NSC in Mar 06
RFE received June 2006 (140)
RFE responded July 2006
140 denied Aug 2006
__________________
Ken