New Filing L1A -COS denied

[srini917]

Hello ,


I was in USA for 6 years out of which 1 year is recently ( travell back to US after 4 years with same H1B, bfore that stayed 5 years continusly ) , at end of sixth year we filed COS ( H1B to L1A-Individual) , however the COS was denied with reason 'no avidence provided of offshore managmenet ' hence came back to home country six months ago. Now i would like to file L1A agin with same employer ,however my immigration team is telling that wait for 1 year gap .
My question is that i should wait for 1 year and then file new L1A (individual) or can i request my employer to file rightaway? and should i go for L1A blanket?

Please advice.

Thanks

[sasvi]

Hello ,


I was in USA for 6 years out of which 1 year is recently ( travell back to US after 4 years with same H1B, bfore that stayed 5 years continusly ) , at end of sixth year we filed COS ( H1B to L1A-Individual) , however the COS was denied with reason 'no avidence provided of offshore managmenet ' hence came back to home country six months ago. Now i would like to file L1A agin with same employer ,however my immigration team is telling that wait for 1 year gap .
My question is that i should wait for 1 year and then file new L1A (individual) or can i request my employer to file rightaway? and should i go for L1A blanket?

Please advice.

Thanks

Most likely your immigration team is right. You need to have proof of manager/executive role for at least 1 year in your home country before applying for L1A. If you were not able to prove Management/Executive position 6 months ago, it will be very difficult to prove you have the 12 months. This is all supposing you are still working with same employer in a manager/executive role and will be able to meet the 12 months criteria in the near future. There is no difference if it is L1A individual or blanket - the 12 months apply to both.