Applying for L1A after L1B extension denial and coming back to India

[nairashwin77]

I have been working in the same company for 10 yrs now. And, I went to US on a L1B visa for 3 yrs from 2015 to 2018. My extension was denied after 3 yrs and I came back to India in Aug 2018. I was a Manager for almost 4 yrs before going to the US and after coming back to India, joined again as a Manager.

1. Do I have to wait for 365 days to apply for L1 again, or I can apply now, but just that the 3 yrs I was in the US will be deducted, but will not be eligible for a fresh L1 with the full validity.
2. If I can apply now and I apply on a L1A, what will be the first cut off for extension. Will they give 2 yrs because for L1A it is 3+2+2, and 3 yrs I have already been in US.
3. If I am applying for a L1A now, will it be a problem that I have not been a Manager for one yr after coming back to India, or is it okay because I was a Manager for 4 yrs before my first trip to US. I read somewhere that if you were already in the US on a work visa, they consider the first application and the 3 yrs before that.

[Libra_14]

1. Do I have to wait for 365 days to apply for L1 again, or I can apply now, but just that the 3 yrs I was in the US will be deducted, but will not be eligible for a fresh L1 with the full validity.

Yes, you'll need to wait for 365 days. The requirement for new L1 petition is that the applicant need to work "Outside USA" for 1 year in last 3 years. Since you were in USA for last 3 years - you'll have to wait for an year.

2. If I can apply now and I apply on a L1A, what will be the first cut off for extension. Will they give 2 yrs because for L1A it is 3+2+2, and 3 yrs I have already been in US.

If everything works fine for L1A (new petition) - you'll again get 3 years initial permission, followed by 2 extension of 2 years.

3. If I am applying for a L1A now, will it be a problem that I have not been a Manager for one yr after coming back to India, or is it okay because I was a Manager for 4 yrs before my first trip to US. I read somewhere that if you were already in the US on a work visa, they consider the first application and the 3 yrs before that.

If you now say that you were a manager for 4 years, but working in USA for last 3 years as specialized category - then it will be contradicting.

In short, the best bet for you is to wait for 365 days outside India & apply for a fresh L1A.