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HarSu

I140 Denied after RFE for L1 EB1 C

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Hello Experts,

On May'18, USCIS has denied my I-140 petition submitted by my employer after responding to RFE in Jan'18. 

My employer cannot disclose the content of denial notice form USCIS however post reviewing the notice employer in-house immigration team has advised has concluded not to file Motion to Reconsider (MTR)/appeal as it will be unfruitful on this filing.

They have advise following next steps as 2 options:

1. Complete a minimum 365 days of employment at the Manager level or above off-shore/outside the U.S. with direct reports fore these 365 days or more. Return to US on L1A status and reapply for I-140 under EB1C 

2. File a new PERM under EB2 or EB3 category in Oct'18.

It is hard to believe that despite genuine 3 years of offshore manager experience and detailed response to the RFE, my petition has been denied. I understand the current political situations however I’m failing to understand the option proposed as applying working outside U.S. for more than 365 days and start over the Green card process from scratch.

Can I submit new I-140 while being in U.S as I already have my L1 extended until Jan 2020. ?

Should I be eligible for submitting MTR/Appeal ?


Looking for expert advise.

 

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Dear HarSu, 

I am really sorry for your i-140 denial. my i-140 also denied in July 2018 after RFE response. My legal team is waiting for denial notice from USCIS 

Are you in L1B now ? My understanding is, L1A is not mandatory to qualify for EB1C, USCIS just look for L1 visa (either B or A). Can you mail your contact information, we can discuss further 

Good Luck, 

 

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