L-1B (Blanket) RFE for Recapture of Time

[HollywoodBrit]

Hello Everyone,

I have a curious question that I am hoping someone can shed some light on.

I have been in the US for 6 years on an L-1B visa (yes, I know, L-1B is only for 5 years, but what can I say, USCIS in London messed up...). Through work I have travelled extensively and accumulated nearly 2 years of time for recapture.

I recently applied for a recapture of time and didn't expect any problems, however I received an RFE asking me to prove my status as a specialized knowledge employee.

This confused me greatly. Why would they ask me to prove my specialized knowledge qualification if USCIS itself had previously approved two L-1B visa's in the past, for which I was requesting a recapture of time for? The RFE was a 6 page document suggesting I supply this, that, and the other, to prove my worthiness, which I see as completely pointless.

My attorney doesn't know the answer. My suggestion is to simply respond along the lines of 'we aren't requesting a new L1 visa, just a recapture of time on an existing L1 visa, therefore USCIS approval of that visa is sufficient enough evidence that the beneficiary qualifies'. We could provide the signed sheet from my L1 interview showing the L1 was approved, and surely that should be enough....?

Looking forward to your response!

HollywoodBrit

[raghvi]

Hello Everyone,

I have a curious question that I am hoping someone can shed some light on.

I have been in the US for 6 years on an L-1B visa (yes, I know, L-1B is only for 5 years, but what can I say, USCIS in London messed up...). Through work I have travelled extensively and accumulated nearly 2 years of time for recapture.

I recently applied for a recapture of time and didn't expect any problems, however I received an RFE asking me to prove my status as a specialized knowledge employee.

This confused me greatly. Why would they ask me to prove my specialized knowledge qualification if USCIS itself had previously approved two L-1B visa's in the past, for which I was requesting a recapture of time for? The RFE was a 6 page document suggesting I supply this, that, and the other, to prove my worthiness, which I see as completely pointless.

My attorney doesn't know the answer. My suggestion is to simply respond along the lines of 'we aren't requesting a new L1 visa, just a recapture of time on an existing L1 visa, therefore USCIS approval of that visa is sufficient enough evidence that the beneficiary qualifies'. We could provide the signed sheet from my L1 interview showing the L1 was approved, and surely that should be enough....?

Looking forward to your response!

HollywoodBrit

Past approval of specialized skill set in itself is no justification for seeking extension. For example, an XYZ skill set was very rare 5-10 Years back, the same skill set may be widely prevalent in the industry today. L1 visas are not granted as easily as they used to be in the past, they are much more scrutinized and RFEs are very common. Advisable to work closely with your employer and attorney to draft a suitable reply.

This is my opinion not legal advice.