Jaishankar Posted August 21, 2015 Report Posted August 21, 2015 Hi, I'm reaching out to find ways to retain my job with current employer in the United States. Please suggest best options. I just got my L1 A visa rejected and my attorney is out of office for one week on vacation. I just need some answers to explore possible options. Current Visa Status : L1 B from Dec'12 Current Visa Expiry Date : Nov'15 I went to United States in L1 B visa during Dec'12 and I was promoted as a senior manager by my employer during Feb'15. Since my promotion, I'm managing two critical functions and have 15 direct reports, 1 Project Manager and 2 team leads. I also have multinational managerial experience of 7 years. Based on my multinational managerial experience and my current managerial role, EB1 was filed with L1 B visa during Jul'15. However, to remain current with a valid visa, my attorney advised to change my visa category from L1 B to L1 A based on my promotion and title change. He also advised me to appear at the consulate than filing L1B to L1A with USCIS. Considering that I quality for L1 A both as a functional manager and as a people manager with 15 direct reports onsite my attorney felt my case is very strong for L1 A. However, the consular rejected my L1 A case with just asking my salary and title, no other questions asked, it all happened within a minute. Now I need to explore further options to remain in the US and can possibly continue employment with my employer. I only have 79 days left for my current visa to expire. It is exactly 32 calendar days since my I 140 is filed. Questions: 1. Can I 485, EAD/AP be filed while we wait for the decision on I 140. Will that help me to stay in the United States until I get a decision on I 140 and is it legal? 2. I have not heard my company filing L1 A individual petition for anyone. Lot of forums suggests that the immediate option is to file L1 A individual petition. Question here is, if I apply immediately, my salary, my title, my team size all will remain the same. Questions here are a) Individual petition needs to be filed with USCIS based on my case and approval needs to be sought. If we get an approval on individual petition with USCIS, then do I need to visit a consulate just for stamping or it is again an interview? b) Can we file L1 A premium processing for Individual petition after rejection of blanket petition and what is the timeline for USCIS response 3. Suggest any other option that can keep me in the United States and in job status with my employer within the 79 day period. I'm in a senior position with my company and have great support of my leaders. They are ready to pay whatever cost it takes for premium processing etc to help me out of this situation here. Please suggest options considering this aspect as well. Please respond at the earliest as I don't have much time left.
life2010 Posted August 23, 2015 Report Posted August 23, 2015 Keshav, Sorry to hear about your case. Any updates. What did u do and what was the result?
jairichi Posted August 23, 2015 Report Posted August 23, 2015 1. On L1, an approved I-140 means nothing. 2. 15 days by premium processing. If approved with I94 there is no need to go for visa stamping. 3. Your employer can upgrade your I-140 to PP and also file concurrently I-485 for EB1 (if you are eligible). Check with an attorney.
Jaishankar Posted September 9, 2015 Author Report Posted September 9, 2015 My Attorney got back to me and proposed below solutions... 1. File I-485 concurrently. We are now proceeding with this process 2. According to my attorney, I 94 until 2018 means nothing. I should work towards getting my L1 filed for approval before end of my current visa in Nov'15. My company policy is to remain in a valid non immigrant status throughout the I 140 and I 485 stages of GC. 3. This is where i need someone from this forum to help me. My attorney has thrown two options at me and asking me to select one. 1. File L1 A Individual Petition for out of country visa stamping (as seeking new L1 A visa through paperwork with USCIS and appearing for a visa interview outside of US with the approved L1 Individual petition) 2. File conversion from L1B to L1A through paperwork being in the United States itself. Which one to choose, please help me... i cannot argue with my attorney so i only have these two options left. Please help me select the best one and discuss pros and cons of it.
jairichi Posted September 10, 2015 Report Posted September 10, 2015 My Attorney got back to me and proposed below solutions... 1. File I-485 concurrently. We are now proceeding with this process 2. According to my attorney, I 94 until 2018 means nothing. I should work towards getting my L1 filed for approval before end of my current visa in Nov'15. My company policy is to remain in a valid non immigrant status throughout the I 140 and I 485 stages of GC. 3. This is where i need someone from this forum to help me. My attorney has thrown two options at me and asking me to select one. 1. File L1 A Individual Petition for out of country visa stamping (as seeking new L1 A visa through paperwork with USCIS and appearing for a visa interview outside of US with the approved L1 Individual petition) 2. File conversion from L1B to L1A through paperwork being in the United States itself. Which one to choose, please help me... i cannot argue with my attorney so i only have these two options left. Please help me select the best one and discuss pros and cons of it. Both options are same. Filing a COS with US will help you not to go for stamping once it is approved to move to new status.
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.