I94 Extension denied - can I file new L1 petition from India

[guest28]

Hi

My I 94 extension petition was denied on 9/12. I was on L1B visa and the I 94 petition was also for conversion from L1b To L1A. My I94 and visa expired in Jun 2014 and now I have to return to India within 7 days. Can I file a fresh L1 petition as soon as I return to India? or is there a cooling off period before I can apply for new visa?

[raghvi]

Hi

My I 94 extension petition was denied on 9/12. I was on L1B visa and the I 94 petition was also for conversion from L1b To L1A. My I94 and visa expired in Jun 2014 and now I have to return to India within 7 days. Can I file a fresh L1 petition as soon as I return to India? or is there a cooling off period before I can apply for new visa?

Yes you can, but unless you work on reasons why your L1B to L1A was rejected, it probably would result in another denial at the consulate. After all, without any material change in documentation and evidences, you basically are relying on the assumption that you would be able to convince the Visa officer and at the same time hoping that you meet a lenient officer who would ignore a previous USCIS rejection.

This is my opinion not legal advice.