L1-B Extension Rejected

[GK_seekingadvise]

My petition for extension of L1B visa was denied on 12/12. The reason sited was that my position (as defined in my petition) was a managerial position and not a position that requires specialized knowledge (I had been promoted to a manager since I first got my L1B). What are my options now? I am from Sweden. Should I go back and apply for a L1-A? What are the chances of L1-A getting approved given that L1-B was denied? Should I apply for an H1B instead?

My initial read is that since the lawyers filed under a position with the specialized knowledge (L1B) while they should have filed under the managerial positions (L1A), filing a new petition for L1A should solve the issue. But want to get your opinion. Thank you very much.

[Attorney_23]

If the position is managerial, than yes, typically an L1A could be filed. However, if a person's petition is denied and his/her I-94 is expired, the individual is likely out of status and accumulating unlawful presence. In those circumstances, the foreign national would generally need to leave the U.S., apply for a new L-1 visa (once the petition has been approved) and then return in L1A status.

For future reference, before moving into a new position, a person in L-1 status must generally first file an amended petition with USCIS.

[GK_seekingadvise]

Ok - thank you for your response.

[GK_seekingadvise]

Hi - want to find out that in order to apply for L1-A do you have to be a manager (abroad) for 1 year before you can apply? Also, if an L1-B extension is denied to due reasons stated above, is it difficult to get a visa waiver? Again, citizen of Sweden. Thank you.

[Attorney_23]

No, you do not have to have been a manager abroad in order to apply for L1A. (If you worked in a specialized knowledge capacity abroad, you can still qualify for L1A.)

Whether or not an L1A petition is approved should not impact a foreign national's ability to qualify for visa waiver.