L1B petition RFE recieved

T

takemehomesac

New Member
I'm in a typical situation, please feel free advice.

Right now I'm on L1B(Individual) and my status (I-94) expires on Aug 12th.I have filed for L1B extension that has ended in an RFE.

Now I have 2 options

1. Should I respond to RFE and if it gets denied (as there are lot of denials after RFE for Indian companies) ,Is it bad on my record for future applications .

2. Is it good thing to withdraw my L1B petition now go back to India ?


Please advice.
 
L1B - Individual Petition withdrawn

Hi ,

I have applied for L1B Individual petition and have withdrawn it when i got RFE. It is around 6 months now since i applied. I have completed my post graduation now in IT. Can i apply for a L1B blanket petition.

Please advice . It's Urgent !!

Thanks in advance !!!!

takemehomesac sorry for adding questions here :)
 
If the reasons for denial are because of your company and not your immigration violations, there is nothing to worry. As for the information available on your immigration history record, yes, it does, but it becomes materially important only if the reason was denial was purely based on your history.

It is true that lot of companies are getting L-1 denials and in particular, on blanket L-1 petitions. The denials on blanket L-1s are more at the consulate for reasons including, but not limited to, the beneficiary not having a computer science degree. USCIS seems to have increased scrutiny on L-1 petitions because of apparent abuse by some companies.

L-1 is for "intra company" transfers and the expectation is that the beneficiary would get transferred from the NA company's foreign office to an Office in NA. When the beneficiary reaches US, he/she is expected to operate out of a NA office location and usually that does not happen -- the applicant is posted at a client's location to work.

Whether withdrawing a petition is better when compared to denial is more of a judgement. There are arguments that both can have same effect. In fact, if the denial clearly is related to the company, the beneficiary does not have to worry at all.
 
Thanks John, Can you please help me to understand the difference it would make ,petition withdrawn against rejection. This would help me to take better decision.
 
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