L1A RFE. Can i Apply for L1B immediatly.

[Contactme012]

Hi Experts,

I Need your help here.

My L1B 2nd extension/I94 is getting expired in May 2012. (I entered US first time in Oct-2007 and i was out for vacation for 2 months during last 4.5 yrs)

My company has filed L1A conversion extension now and we received RFE on the case. I do not have details on RFE yet. (since last 2yrs I am working with a Associate

Managerial position.)

My Question here is, In case if RFE response gets Denial notice, Can i apply for 3rd extension on L1B again immediatly after L1A denial to regain 7 months period which is pending on my L1B 5 yrs duration so that i can stay here till Dec-2012?
(Is it possible to re-apply for L1B extension now again for reclaiming remaining 5yrs dates after immediate Denial of L1A extension?

Please suggest.

Thanks in Advance.

[shervin143]

It is possible to file the L1B extension if your I-94 remains valid at that time. If your I-94 has expired when L1A gets denied, then you have to leave the country, file the L1B petition and when it gets approved, return back in L1B visa.

Just having one associate reporting to you doesn't make you qualify for L1A.

[Contactme012]

Thanks Shervin143,
I have 4 on site Tech leads reporting me and 8 offshore members reporting in my team structure. My logistics refused providing RFE details. My Logistics mentioned that we can not apply for L1B extension to regain the pending 7 months time if L1A gets denial now. My logistics says i am already at managerial position and applied for L1A. If L1A gets denied they saying we cannot go back and apply for L1B Specialized knowledge category. Is it true? You are suggesting it is possible if i get this information correct i can go back and speak/fight with logistics team to get the L1B filed after L1A denial before my I94 expires.
Can a same company file both L1B & H1B for same candidate so that i can work on L1B till Oct1st and get converted to H1B status after Oct1st?

Thanks Again. Appreciated your response.

[shervin143]

I have 4 on site Tech leads reporting me and 8 offshore members reporting in my team structure. My logistics refused providing RFE details. My Logistics mentioned that we can not apply for L1B extension to regain the pending 7 months time if L1A gets denial now. My logistics says i am already at managerial position and applied for L1A. If L1A gets denied they saying we cannot go back and apply for L1B Specialized knowledge category. Is it true? You are suggesting it is possible if i get this information correct i can go back and speak/fight with logistics team to get the L1B filed after L1A denial before my I94 expires.
>>> It depends on why your L1A got rejected. If your L1A is rejected on the basis of eligibility, that means, you are not eligible for L1A. In that case, it doesn't mean, that you are totally not eligible for any other categories. People who have got their L1A rejected on the basis of eligibility criteria have successfully applied for L1B or H1B and got it approved. I suggest you consult an immigration attorney on your own to discuss about this and get more detail.

Can a same company file both L1B & H1B for same candidate so that i can work on L1B till Oct1st and get converted to H1B status after Oct1st?
>>> Yes. But, it is not advisable to file both L1 and H1B at the same time. Search and read about the last action rule. File the L1B extension first and upon approval file the H1B as a COS from L1B.