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RFE after submitting a very strong case - pls help

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  • RFE after submitting a very strong case - pls help

    This is my situation, I am in the USA on a L1A, I am the leading executive of a small company and we have invested a substantial amount of money into the USA, we also plan on hiring about 6 people this year.

    We received a RFE after submitting a very strong case (my company lawyer even said that they should not ask for any additional evidence). We have not yet received the RFE letter but we are very worried (I see very few RFEs ending in approval).

    My initial visa will expire in a few days and so will my drivers license, I will be unable to re-new my drivers license (or work) until the visa is extended. What can I do about the driver’s license and how bad is it if one gets a RFE? Does it hurt my chances for approval? I am very disappointed and the way I feel right now is to simply go back to where I came from and give up on the “dream”.

  • #2
    One requirement of L visa is upon the completion of their temporary service in the U.S., they will leave the U.S. and be transferred abroad. L visa is the most abused and so USCIS is getting stricter by the day on all L visa applications.

    "U.S. Citizenship and Immigration Services reportedly plans to address complaints about an L-1B visa denial increase some time this year. "Companies are trying to expand the definition of what is 'specialized knowledge' under the L-1B program to use it as an alternative to the H-1B visa because there is no congressionally mandated cap on L-1B visas," USCIS Acting Deputy Director Michael Aytes said, adding that the current standard used by USCIS adjudicators requires more than "just working for a company overseas for a year."

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    • #3
      Thanks Orion, my problem is I have not finished setting up the business and I have not transferd knowledge to someone who can takeover from me. Our application for extension was very complete, I get the feeling that the USCIS is being difficult just for the sake of being difficult. I would like to stay for more than one year and possibly longer.

      The following is what will happen if my application is denied:
      -The business will close.
      -Our lease will not be renewed.
      -We will not purchase a new home.
      -We will not employ about 6 new people this year.
      -My talents will be used elsewhere.
      -There will still be 21,998,016+ illegal people in the USA.

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      • #4
        Its not denied yet, right? So you can prepare for the denial but still hope for approval. Do you think uscis will care about what will happen with your business and home? They dont factor that.

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        • #5
          No it is not denied yet so I still have hope, how bad is the RFE?

          I know they don't care but the point I am trying to make is that they should, people like me contribute enormously to the economy and general good of the country. As an L1A visa holder I am a job creator not job taker.

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          • #6
            If you always maintained status and were law abiding all along, there are more chances of approval, given that your position qualifies you for L1A.

            BTW, I can very positively guess that you plan to employ other temporary visa holders and not US citizens, so then uscis doesnt care again if you are a job creator.

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            • #7
              We will only employ US citizens. thanks for your input. I will update when I get the final decision.

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