L1B denied... feeling down... maybe some hope?

[TusharK3]

Hi All,


My company file Individual L1-B with Premium process on 27 Sep. 2014, RFE was generated for my application and we replied as per questions.

My L1-B Denied on Oct. 27 2014, Do we have any procedure that can change decision?

[raghvi]

Hi All,


My company file Individual L1-B with Premium process on 27 Sep. 2014, RFE was generated for my application and we replied as per questions.

My L1-B Denied on Oct. 27 2014, Do we have any procedure that can change decision?

There is no reason for feeling down. Its not the end of the road if one does not get a US visa there are ample opportunities otherwise too.

As for changing the USCIS decision, you first need to understand what was the reason for denial and if you have sufficient documentation to counter argue, then one can file an appeal or MTR.
Most of the L1 rejections happen around the ability to prove "specialized skill set". This area is very vast and not clearly defined by USCIS. Also one should look at it critically and see if ones skill set is not rare in or out of the organization then it would hardly be considered specialized by USCIS.

This is my opinion not legal advice.

[TusharK3]

There is no reason for feeling down. Its not the end of the road if one does not get a US visa there are ample opportunities otherwise too.

As for changing the USCIS decision, you first need to understand what was the reason for denial and if you have sufficient documentation to counter argue, then one can file an appeal or MTR.
Most of the L1 rejections happen around the ability to prove "specialized skill set". This area is very vast and not clearly defined by USCIS. Also one should look at it critically and see if ones skill set is not rare in or out of the organization then it would hardly be considered specialized by USCIS.

This is my opinion not legal advice.

Thank you for reply,

What is time line to Appeal and and how long it will take to getting decision?

Will it fast as company opted for premium option in L1 case?

[raghvi]

I think its within 33 Days. But appeals, MTRs can sometime take months, and there is no premium processing for those.

http://www.uscis.gov/us-visa-and-immigration-forms/questions-and-answers-appeals-and-motions

This is my opinion not legal advice.