what after L1 Individual rejection?

[phoenix1984]

Hello All,

Hope you are having a great weekend.

My company filed for an L1 individual category for me last year. The process started in March 2012. Somehow, the process kept on delayed and I received RFE in July/August. I submitted the RFE and the company was informed by the attorney that the RFE was rejected in October. Now, I do not see a clear path after all these developments. I have few questions and I would greatly appreciate if I can get answers/ know about similar experiences,

(1) Is there a cooling off period after L1 Individual visa gets rejected by USCIS? Cooling off period implies that I can not reply until that period is over.
(2) What is the best course of action after L1 Individual visa rejection? My employer will not go ahead with H1B.
(3) Does USCIS factor in earlier rejection of the petition while looking at the new application? i.e. will the rejection of my earlier application affect a new application if any?
(4) If I go ahead with L1 Individual visa again, does my documentation need to be different compared to the earlier application (support letter, RFE etc.)? If yes, how can I make it different?

Thank!
Phoenix

[raghvi]

Hello All,

Hope you are having a great weekend.

My company filed for an L1 individual category for me last year. The process started in March 2012. Somehow, the process kept on delayed and I received RFE in July/August. I submitted the RFE and the company was informed by the attorney that the RFE was rejected in October. Now, I do not see a clear path after all these developments. I have few questions and I would greatly appreciate if I can get answers/ know about similar experiences,

(1) Is there a cooling off period after L1 Individual visa gets rejected by USCIS? Cooling off period implies that I can not reply until that period is over.
(2) What is the best course of action after L1 Individual visa rejection? My employer will not go ahead with H1B.
(3) Does USCIS factor in earlier rejection of the petition while looking at the new application? i.e. will the rejection of my earlier application affect a new application if any?
(4) If I go ahead with L1 Individual visa again, does my documentation need to be different compared to the earlier application (support letter, RFE etc.)? If yes, how can I make it different?

Thank!
Phoenix

Similar to any rejection, success in re applying depends upon the initial rejection in the first place.So if you want to re apply in the same category first find out from the attorney why the initial application was rejected. OR else apply H1.
1. No such cooling off period.
2. Find out why the application was rejected and see if its possible to refile with better evidence, though I personally see very less likelihood of approval. If convincing your employer to file H1 is not an option then probably changing your employer is another option.
3. Every application is treated independently. Though you may be questioned as to why you were previously rejected. If applying for H1 you will most likely not be questioned on L1 rejection.
4. This question only your attorney can answer as he/she has the necessary details. It certainly has to be a stronger application than previous one.

This is my opinion not legal advice.