L1A Individual Petition Extension Denial - Options


Recommended Posts

Hello All,

I went to US during Sep '13 on L1A Blanket petition (Visa validity was from Oct '12 to Oct '15) and received one extension (L1A Individual Petition) for 2 years in 2015 and my second extension (Individual Petition) in 2017 has been denied, after an RFE ! I have around 16 years of experience in which 12+ years I spent with the current employer who filed my L1A. I am a certified project manager having more than 8 years of experience in managing projects and programs.

RFE requested to provide additional documentation on my day to day responsibilities abroad & in US as a Project/Program Manager. There was a change in my work location and duties, between I filed my extension & responded the RFE. I provided as much information as possible, to address the queries in the RFE through my employer's attorney. As my I-94 has been expired (17th Oct '17) before we could respond the RFE, we submitted the RFE response through premium processing. I noticed the case denial online on Nov 16th, received a copy of the denial letter through my employer on 26th Nov hence wrapped up all affairs in hurry and flied back to India on 5th Dec.

The denial letter stated reasons referring my offshore & onsite responsibilities as well as a reference to the documents submitted as evidence against my abroad & US tasks, saying that they are not in order. There was also a mention about my subordinates' responsibilities too, saying that a graduate is not necessarily required to perform such job tasks !

You can imagine what I went through during this transformation, having a family (with 18 months infant) and home setup in US. Currently 'am working from offshore supporting the same client and the client is willing to get me back onsite, if I have a valid work status. It's been 2+ months since I came back from US and employer/attorney did suggest to have a cooling period (1 year, to restart the 7Y term on my L1A) before I could apply for a visa. They are not ready to file H1B considering my seniority and preferring only L1A, after considerable duration of wait !

I don't see any major references online with similar cases, where opting to file L1A Blanket after L1A Individual petition denial (there are multiple cases, where people tried L1A individual route after L1A Blanket rejections). I request the forum & subject matter experts, to suggest the best possible options I have to regain my work status in US. Is the wait of 1Y is the only optimal choice or should I reapply for L1A through Blanket petition or apply it to USCIS again as L1A Individual petition, addressing all the concerns referred in RFE / denial notice. Really appreciate if you could throw some light on the issue with optimal suggestions.

Thanks in advance.


Link to comment
  • 1 year later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.