L1B Denial

[tksharma05]

Hello there

I received my L1B EOS denial but still awaiting the notice. My I 94 and visa expires in Jul-17.
What are my options?

Can I apply for L1A from Canada consulate? If it gets rejected I can apply for L1A Individual from india?

What are my chances here?

[raghvi]

Hello there

I received my L1B EOS denial but still awaiting the notice. My I 94 and visa expires in Jul-17.
What are my options?

Can I apply for L1A from Canada consulate? If it gets rejected I can apply for L1A Individual from india?

What are my chances here?

Your employer can file for a Motion to Reconsider (MTR) within the stipulated time, but filing it does not grant you a valid status to work and can take a long time to get a decision.

Yes, you can apply for L1A if you are eligible. Did you get a promotion while in US? Have you worked for same organization or a branch of it outside US for at least 1 year in last 3 years?

As for chances, it all depends upon the strength of your case for L1B/L1A. You/your employer should critically look at your work profile to assess the right category of visa to file.

This is my opinion not legal advice.

[tksharma05]

Your employer can file for a Motion to Reconsider (MTR) within the stipulated time, but filing it does not grant you a valid status to work and can take a long time to get a decision.

Yes, you can apply for L1A if you are eligible. Did you get a promotion while in US? Have you worked for same organization or a branch of it outside US for at least 1 year in last 3 years?

As for chances, it all depends upon the strength of your case for L1B/L1A. You/your employer should critically look at your work profile to assess the right category of visa to file.

This is my opinion not legal advice.

Thanks Raghavi!

Can I continue to work in the US after Jul'17, while we wait for MTR response?

Also, if my promotion happened after L1B denial, would that count for role change? I do have 1+ year of India stay within last 3 years.

Is L1A Blanket from Canada a better choice than Chennai?