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L1B to L1A visa denied

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  • L1B to L1A visa denied

    Need urgent help!!

    I am on L1B visa which will expire in June 2020. My company applied for COS from L1B to L1A in Jan 2020, got an RFE and later visa was denied stating that I do not meet manager threshold.

    One of the main criteria that we discussed for reapplying L1A petition is by stating the fact that I was in a transition phase from October 2019 to April 2020, moving away from technical role and ramping up on managerial role and going forward there will be significant work required on managerial tasks which also requires product domain expertise to support existing customers.

    I like to get feedback on possible options:

    Option 1: Apply new petition for L1A
    - Petition to recapture unused time which extends L1B validity until end of December 2020
    - Apply new petition for L1A by providing more evidence:
    - Provide actual ORG chart for direct report(s), transition from DEV to Manager happened in March
    - Recommendation letter from manager / director
    - As per the planned hiring there is possible addition of new direct report(s)
    - We can provide more evidence for managerial tasks

    Option 2: Appeal L1A denial

    Option 3: Relocate to Canada
    - I do not have Canada visa and yet to start with the process
    - My company does not have R&D teams in Canada (mostly operations and sales teams)
    - My company said it is difficult to relocate as they need to prove that my relocation will add value to Canada business, is there any other option to move to Canada.


    My company suggested there is very less chance (0 to 5%) of new L1A petition getting approved as there is no significant change from initial L1A petition, but in my RFE we had stated that I was on technical role (50%) and managerial role (50%), so is it worth reapplying L1A petition by stating transition phase as the criteria.

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