L1B Extension denial

[Martina123]

Hi everyone,

I am seeking advice regarding my L1B extension denial. My company applied for extension (2 more years), but it was denied because "the position doesn't involve specialized knowledge". Which is not true (from my point of view). My company really needs me here so I agreed to the another 2 years. My intention is definitely return to my country afterwards (Europe). My family is here with me (my wife doesn't need work visa since she is at home with our baby).

Question is: what are my possibilities for staying another 2 years? May I apply for new L1B?


Also, we need to travel out of the US soon. Is there a chance that we will be allowed to return on tourist visa at least for couple of weeks to get our things in order (sell the car, furniture, close accounts,...)?

Thank you! Your time spent with my problem is very much appreciated!

[raghvi]

Hi everyone,

I am seeking advice regarding my L1B extension denial. My company applied for extension (2 more years), but it was denied because "the position doesn't involve specialized knowledge". Which is not true (from my point of view). My company really needs me here so I agreed to the another 2 years. My intention is definitely return to my country afterwards (Europe). My family is here with me (my wife doesn't need work visa since she is at home with our baby).

Question is: what are my possibilities for staying another 2 years? May I apply for new L1B?


Also, we need to travel out of the US soon. Is there a chance that we will be allowed to return on tourist visa at least for couple of weeks to get our things in order (sell the car, furniture, close accounts,...)?

Thank you! Your time spent with my problem is very much appreciated!

The Criteria for L1 as pretty strict and hazy at the same time.

If your extension has been denied then apart from appealing against it there is hardly anything that can be done. If company is not planning to file appeal then yes, you got to leave as soon as your I-94 has expires.

Do you belong to a Visa waiver Program country? If yes, you can probably return for 90 days on that and do the final clean up.

This is my opinion not legal advice.

[Martina123]

Thank you!

Can we apply for a different type of visa?

We can travel with ESTA, but I am afraid that they won't allow us to enter (because of the denial L1).

What do you think?

The Criteria for L1 as pretty strict and hazy at the same time.

If your extension has been denied then apart from appealing against it there is hardly anything that can be done. If company is not planning to file appeal then yes, you got to leave as soon as your I-94 has expires.

Do you belong to a Visa waiver Program country? If yes, you can probably return for 90 days on that and do the final clean up.

This is my opinion not legal advice.

[raghvi]

Thank you!

Can we apply for a different type of visa?

We can travel with ESTA, but I am afraid that they won't allow us to enter (because of the denial L1).

What do you think?

For the purpose that you described , either ESTA or B2 would be ideal . You are more likely to get ESTA then B2. Also, I don't think extension denial is same as visa denial.

This is my opinion not legal advice.

[Martina123]

Thank you!