L1 A applying 140

[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

d) From all the reading I have done; L1A does not require managerial exp abroad but only the current position. The EB1 C does require managerial exp abroad and current. In that case my case might be stuck here as back in India I was a Senior Project Lead - back in 2006. Should I nor appeal and refile in EB2. If I do that; how will the time line get affected as my end date for 7 years is Oct 2012.

Waiting in anticipation

Flying Solo

[Attorney_23]

As you indicated, while you may qualify for L-1A status by working in a specialized knowledge position abroad, you must have worked in a managerial or executive capacity abroad to qualify for EB1C.

Did you argue that Senior Project Lead was a managerial position? If not, your case essentially had no chance of being approved.

In any case, your situation is relatively complicated. I would recommend consulting with an experienced immigration attorney who can review your filings and advise you on how best to proceed.

[FlyingSolo]

My attorney came back stating that we should try for MTR as there is a higher binding of proof on petitioner which should not be required.

The appeal option is ruled out as it is taking 19 months for such a case as per the attorney and that will throw me off on the timeline I have available in 7th year.

Would you recommend I try MTR and have the company file PERM in EB2 parallel?

[Attorney_23]

It is extremely difficult to provide you with specific guidance in this type of online forum. I would need to review what was filed previously, what your job duties were overseas, what your current job duties are, etc. I am still not clear as to whether you argued your position overseas was managerial in nature in your previous filing.

You really need to speak with an experienced immigration attorney who can review your case in detail and provide you with expert guidance.