Options after L1A denial

[hydsdrao]

Hi,

My L1A application was denied earlier this month (Jun 2012), stating my application is not clearly approvable and I should apply in a different category. (I completed 5 years on L1B in Jan 2012 and have been in India since.) I am looking for other options and need advise with below questions. Please advise

• Is it advisable to apply for L1B (in Jan 2013) or is it only H1B that I can apply

• If I can apply for L1B is it advisable to file L1B individual petition over blanket and how early can I start the L1B individual/blanket petition process for a start date in Jan 2013

Thank you,

Rao.

[Attorney_23]

An L1 application filed at a Consulate is adjudicated under a stricter standard (i.e. "clearly approvable") than an individual petition filed with USCIS (which is required to use the "preponderance of the evidence" standard, or "more likely than not.") Therefore, employers routinely file individual petitions for a foreign national after an application under the company's Blanket has been denied by the Consulate.