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L1B extension rejected, can a Fresh L1B can be filed soon?

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  • L1B extension rejected, can a Fresh L1B can be filed soon?

    Hi all,
    Need some urgent help. My L1B extension got rejected and I need to go back to my home country. How soon I can file a new L1 Petition? Urgent response will definitely help. I am getting ready to go back to my home country . Please help.

  • #2
    To file a new petition you need to fulfill its first requirement of working with the same company outside USA for 1 year out of last 3 years.

    If you fulfill that requirement you can file new petition almost immediately.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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    • #3
      Thanks Libra_14. I had been there in US for the last 3 years and just back to India. I have been with this current company for almost 15 years now. If I understand correctly, I can file another L1 after I serve for a year in this company and can file a new petition?

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      • #4
        Originally posted by rams2usa View Post
        Thanks Libra_14. I had been there in US for the last 3 years and just back to India. I have been with this current company for almost 15 years now. If I understand correctly, I can file another L1 after I serve for a year in this company and can file a new petition?
        Small correction you've been with this "group" of companies for almost 15 years. I suppose your USA company & foreign company are different legally, but may have stack or shared ownership. Did you resigned from your foreign company before moving to USA? Your USA company might have given you a separate offer letter & joining date? Right?

        Remember to file for a "new" L1B you need to work "outside" USA for 1 year in last 3 years. Which means you need to wait for an year before filing a new petition.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

        Comment


        • #5
          I have little different question here, please help
          Same Employer Applied for H1B in 2018, My L1B Extension also applied on Jan 2019 and accepted. I94 expired on Feb 2019.
          1) I am in L1B extension applied and got RFE, I-94 expired already, but I cannot stay with 240 days rule..
          2) 2018 H1B got approved on 6/16/2019, Here I am eligible to work from Oct 1st 2018.so what is next?,
          3) Do I have to reply to L1 RFE?
          4) When my H1B will be active?
          5) What will happen to L1B?

          Thanks for your answers, I am yet to get approval notices, only status is updated.

          Comment


          • #6
            Why so many threads for the same set of questions?

            Same Employer Applied for H1B in 2018, My L1B Extension also applied on Jan 2019 and accepted. I94 expired on Feb 2019. 1) I am in L1B extension applied and got RFE, I-94 expired already, but I cannot stay with 240 days rule.. 2) 2018 H1B got approved on 6/16/2019, Here I am eligible to work from Oct 1st 2018.so what is next?,


            Same Employer Applied for H1B in 2018, My L1B Extension also applied on Jan 2019 and accepted. I94 expired on Feb 2019. 1) I am in L1B extension applied and got RFE, I-94 expired already, but I cannot stay with 240 days rule.. 2) 2018 H1B got approved on 6/16/2019, Here I am eligible to work from Oct 1st 2018.so what is next?,


            Originally posted by [email protected] View Post
            1) I am in L1B extension applied and got RFE, I-94 expired already, but I cannot stay with 240 days rule..
            Why ?
            Originally posted by [email protected] View Post
            2) 2018 H1B got approved on 6/16/2019, Here I am eligible to work from Oct 1st 2018.so what is next?,
            Change your status & continue to work on H1B.
            Originally posted by [email protected] View Post
            3) Do I have to reply to L1 RFE?
            Depends on you, if you still want to use your L1 status.
            ​​​​​​​
            Originally posted by [email protected] View Post
            4) When my H1B will be active?
            Once you change your status from L1 to H1.
            ​​​​​​​
            Originally posted by [email protected] View Post
            5) What will happen to L1B?
            If you do not reply to RFE, it will be declined. If you reply, then it can be either rejected or approved.
            - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

            If my opinion helping you, then please do click "like" button below.

            Comment

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