EB1 C I 140 Denied

[FlyingSolo]

I have been in the US for close to 5.5 years now. I first came on B1 which probably is irrelevant.

In work capacity I entered in 2006 on L1-B. My company approved my GC process and the attorney suggested we convert to L1A before we initiate GC as its faster and labor would not have to be refiled.

So in 2010 I was converted to L1A with an end date of 2012 October. My I-140 for EB1 C was filed in December 2010. There was an RFE asking for 18 diff reasons - financials of company, mine, managerial docs etc. We provided the same deck we used for L1A conversion and covered all the aspects in need.

Today the I 140 was denied and we are yet to received the actual denial to check on the reason. The appeal is one option. Some facts:

a) I was employed in 2003 March in India by my Company

b) I entered the US for work on L1B in March 2006

c) I was in India in 2008 for a month and in 2009 for 2 months - stating this for exact duration stayed in India

d) When in India I was a senior Project Lead and had junior project manager duties

e) When in US I grew over time and today handle a large account for my company worth 16 mil. My progression has been - Project Lead, Project Manager, Senior Project Manager, Program Manager, Strategic Consultant.

f) L1-B to L1-A was complete in September 2010 with no RFE. New I 94 with end date of October 2012

g) I140 for EB1c was filed in December 2010, RFE in April. Denial in September

h) I do have tons of manager exp in US and some in India

i) I have a Masters from India that was revalidated by ECE in US and converted to BS MIS and MS MIS; which puts me as Masters in US too.

My questions:

a) For my Denial what all options do I have? Some suggest dont appeal; refile.

b) I am not sure if L1A can be extended due to my timeline in US and the provision that I dont have on extending when in 140 [which H1 B holders have]

c) Should I extend and then file 140. Or file a diff. tcategory

Waiting in anticipation

Flying Solo

[FlyingSolo]

There is really no challenging the system. I understand that I should wait for the denial note to verify the actual reason. But I do have the experience, pay scale, qualifications and the L1A that justifies EB1C.

Anyway thank you for the response. Looking for more guidance from experienced members.

[sudhirreddy]

These days they have tightened the EB1 process at a significantly higher level since some of companies previously have abused the managerial experience by faking employee’s experience to fall in EB1 category.

Though you have genuine experience but unfortunately even a small doubt will escalate to application denial.

[FlyingSolo]

Thanks for the response. This helps. In that case should inhave my company defile with EB2?

If that is the case, how will L1A work with that? Do we file PERM? This will also pose a threat to my closing duration of stay. What options do I have to extend my stay beyond 7 years using EAD or any other provision?

[infiniti7]

How did you stay in the US for over 2 years on L1B???

Isn't L1b supposed to be a short term VISA?

[FlyingSolo]

L1B is a visa that is extendable beyond first 2 hrs petition and is capped at 5 yrs. H1 is 6 and L1A is 7. In 2009 I went back to India and got a new L1 B.

I am still looking for answers and the right guidance. Experienced members please post.

[FlyingSolo]

I am connected with an attorney. And my company's legal takes care of the case with the attorney. All are waiting for the denial note to define the next course of action.

I am sure no where it says; that "IF YOU DO NOT HAVE AN ATTORNEY - JOIN MURTHY".

You cannot ALWAYS rely on attorney; there are so many posts here where attorney make mistakes too. A little guidance beyond is always helpful for me to debate with attorney and company.

It is a forum helping me get options from a larger audience and probably connect with people who are in a similar situation.

OMSHIV; I appreciate your posting and following the thread but would be happy if your posts are more constructive than ridiculing and undermining. If you have nothing to offer; please refrain from posting.

[Joe.F]

Originally posted by FlyingSolo:

I am connected with an attorney. And my company's legal takes care of the case with the attorney. All are waiting for the denial note to define the next course of action.

I am sure no where it says; that "IF YOU DO NOT HAVE AN ATTORNEY - JOIN MURTHY".

You seem to have somewhat of an attitude. Nobody said anything close to what you claim...

If you have a lawyer, follow that lawyer's advice. Of course, it is important that the lawyer is good; there are unfortunately way too many mediocre lawyers out there.

And as far as forum posts, you get what you pay for. Never rely on forum posts. If in doubt, always consult with a good lawyer one-on-one.