L-1A denial URGENT ADVICE

M

MSNYC

New Member
Hi,

Apologies if you are reading this twice - I thought I should post again in the L visa forum too...

I recently filed to renew my L-1A (after initial new company status for one year) and my renewal was denied on the basis that the INS officer did not belive I qualified as a manager under their definition.

I have 30 days in which to submit for the case to be re-opened or reconsidered. While I strongly believe that I do qualify as a manager, the INS officer made a very detailed case as to why he was denying this.

Does anyone know whether it would be possible for me to submit the case to be re-opened/reconsidered, submitting new information, and asking that if they do not feel that I qualify for L-1A manager status, that they should grant me L-1B, specialized knowledge status. In short, will the INS allow a change to L-1B if the underlying petition was for an L-1A extension? I am told that it may be difficult to find this information out, and that the law might even be silent about it. Anyone have any info on this?

Thanks.
 
Hi,
I'm hearing a lot of L1-B extensions are denied now a days.. My L1B (specialized knowledge worker) got a RFE.. Just keeping my fingers crossed about the outcome...

Any one know why is it so? Any thoughts?
 
L 1 A deniel

Hi,

Your case L 1A deniel. Pls advise the status of case and what are the best way out in similar kind of case been denied few months back.

Thanks.
 
L 1 A deniel

Hi,

Your case L 1A deniel. Pls advise the status of case and what are the best way out in similar kind of case been denied few months back.

Thanks.
 
Hi, I had an L1A denied once, after talking to many, many lawyers: You cannot ask inmigration to decide if they give you a different visa. You would have to introduce a new case, eiter as L1A or L1B.
It is very important that you talk to your lawyer, there are many factors to consider.
After our 1st denial, we wanted to appeal the case, and the lawyer said that, even if it is a good case to fight it takes long time (a year) and usually they do not change the initial decission, it would have to be a very, very obvious case to do it.
the best thing to do is to re-apply, so really talk to your lawyer and do not be afraid of consulting other lawyer (s) if you do not feel convinced with the explaination
we applied for a new L1 and got it without a problem, we introduced another 2 petitions for 2 other managers, one was denied (2nd time) and the other is still pending. It really depends on the officer that takes your case.
good luck
 
to msnyc

i am in same boat of yours. my L1 denied and applead in time, still waiting for reply. attorney said wait for reply only. its been 7 months now.

how about your case ? pls advise what to do to protect your status. any alternative.
 
alrd said:
Hi, I had an L1A denied once, after talking to many, many lawyers: You cannot ask inmigration to decide if they give you a different visa. You would have to introduce a new case, eiter as L1A or L1B.
It is very important that you talk to your lawyer, there are many factors to consider.
After our 1st denial, we wanted to appeal the case, and the lawyer said that, even if it is a good case to fight it takes long time (a year) and usually they do not change the initial decission, it would have to be a very, very obvious case to do it.
the best thing to do is to re-apply, so really talk to your lawyer and do not be afraid of consulting other lawyer (s) if you do not feel convinced with the explaination
we applied for a new L1 and got it without a problem, we introduced another 2 petitions for 2 other managers, one was denied (2nd time) and the other is still pending. It really depends on the officer that takes your case.
good luck
Click to expand...


Hi

I am in a simular situation and just posted in section 221g

Although embassy said they were sending file for revocation and that we would hear futher on case via INS, no letters have ever been received regardin either further info or denied.

So do you think this is work pursuing to find out whats going on with case or reapply for new L1?

Worried that if we reapply we have to disclose that a visa was refused and this would red flag the new case

Any ideas would be appreciated
 
L-1 not recommended

Thanks to Bin Laden and team, L-1 has to be now treated with kid gloves.

The rules are a lot stricter now than they used to be. Clear documentation is required to prove that,

1. The employee will work for the parent company only. For example, a wipro employee is not travelling to the US to fill a erp contractor role in sony corp.

2. The employee's direct supervisor should be from the same company.

if the sponsoring company is a US based company such as ibm, etc., they may be more relenting. But for companies of desi origin, they can be extremely strict. Since the above restrictions do not exist for H-1b, a choice can be made depending on the situation.
 
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