Cooling Period to apply for a L1A after L1B extension denial

[ash1012]

I have been working in a major American MNC for the past 10 yrs and went to the US on an assignment to work at the HQ in July 2015 on a L1B Blanket. My L1b extension was denied in May 2018, and we came back to India in Aug 2018. Now, there is a possibility of going back to the US in a role that can potential qualify for a L1A visa as a Functional Manager. Since it's been only around 7 months since we came back,

1. I was wondering if there is a rule that I should wait for 365 days in India before applying for a L1A visa
2. Even though, I have been working in this company for 10 yrs now (7 yrs in India and 3 yrs in US), when applying for a new L1A visa will the criteria of having worked in the home country company for 1 yr out of the 3 yrs preceding the entry to US apply, as it's been only 7 months now
3. Since my 365 days would be completed only in Aug 2019, can I still go ahead and start the visa process (especially if it's an L1 A individual). If the 365 days cooling of period really exists, then does it apply to the consulate interview or even for starting the visa process with USCIS.

Thanks
Ash.

[Libra_14]

1. I was wondering if there is a rule that I should wait for 365 days in India before applying for a L1A visa

Yes & No. There is no such published rule. See response to other questions below.

2. Even though, I have been working in this company for 10 yrs now (7 yrs in India and 3 yrs in US), when applying for a new L1A visa will the criteria of having worked in the home country company for 1 yr out of the 3 yrs preceding the entry to US apply, as it's been only 7 months now

The criteria says you need to be working "outside" USA for the same company or branch company for 1 year out of last 3 years in Managerial capacity.

So in your case you were in USA on L1B (Not manager) before 7 months - hence you need to stay there for 5 more months to apply for L1A.

3. Since my 365 days would be completed only in Aug 2019, can I still go ahead and start the visa process (especially if it's an L1 A individual). If the 365 days cooling of period really exists, then does it apply to the consulate interview or even for starting the visa process with USCIS.

The law says that you need 1 year of work history "on the date" of application, not on the date of approval of petition/visa.

[ash1012]

A couple of more questions

Thank you for the response. It seems that I would have to wait till Aug 2019 to make an application then.

1. Regarding the one year in Managerial capacity, I was a Manager for 3 yrs from 2012 to 2015, before the I took the US role. So, does that count, or it has to be a fresh one year again before applying for L1A.

2. If we are applying for a L1A functional role, then do we still need to be in the Managerial capacity for one year in India before the application

Yes & No. There is no such published rule. See response to other questions below.

The criteria says you need to be working "outside" USA for the same company or branch company for 1 year out of last 3 years in Managerial capacity.

So in your case you were in USA on L1B (Not manager) before 7 months - hence you need to stay there for 5 more months to apply for L1A.

The law says that you need 1 year of work history "on the date" of application, not on the date of approval of petition/visa.