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L1A - Fresh Application after extension denial

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  • L1A - Fresh Application after extension denial

    My L1A extension was denied because of an error in documentation in RFE response on Feb 22nd 2013. I am now back in India working from the offshore facility for the same project. My company is planning to apply a fresh L1A. I understand from my company that there needs to be 6 months gap between the denial and the fresh application. Since the immigration team in my company is not so forthcoming with information, I have the following questions.

    1. Is the 6 months period (if this is correct!) counted from the date of denial or from the date of my leaving the US subsequently? I left US on March 17, 2013. and is the end of the 6 month period counted as the date of the fresh application or the date of re-entry?

    2. Last time my L1A was filed as blanket L1. Are the blanket L1s under scanner and hence the chance of rejection greater than the individual L1 these days, especially after the US immigration tightened their stand on L1 visas? Which one of these stands a better chance?

    Thanks!

  • #2
    1. The 6 month limit is not a rule. It is probably your company's internal policy. There is however a 1 year abroad rule, stating that if you spend 1 year abroad and then file the petition, you can qualify for fresh 7 years of stay. (Without that your previous L1A stay will be counted towards the 7 year limit).
    2. Individual petition has slightly better chances than a blanket petition. However, the extension petition was already an individual petition.
    This is my opinion and not legal advice.

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    • #3
      Thanks! I too did not see the time period mentioned anywhere in the USCIS site.

      Originally posted by kabkaba View Post
      1. The 6 month limit is not a rule. It is probably your company's internal policy. There is however a 1 year abroad rule, stating that if you spend 1 year abroad and then file the petition, you can qualify for fresh 7 years of stay. (Without that your previous L1A stay will be counted towards the 7 year limit).
      2. Individual petition has slightly better chances than a blanket petition. However, the extension petition was already an individual petition.

      Comment

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