I-94 Extension got denied, L1-B valid visa, My Company applying Fresh L1-B, VO Qus?

[subbuj1978]

Hi,

My I-94 will expire on 30-APR-2012, L1-B extn Denied (i-94 Extension) but my L1-B is valid till Mar 2016. I'm currently in US on L1B Visa (Company Transfer).

Company Answered:

As per the Denial Notice, USCIS has made the below determination:

In View of the above, the record I insufficient to establish the employment abroad was in a position that was managerial, executive or involved specialized knowledge: Whether the beneficiary possesses specialized knowledge; and whether the beneficiary’s position in the United States involve specialized knowledge.

In essence, they have reviewed the underlying Petition for which your visa was granted and denied your case citing that your employment abroad was not specialized and your employment onsite does not qualify as specialized. Thus, if you are to return to the US on that same visa, after USCIS made a determination and denied your Petition, you will be in violation.

In order to return to the US in L-1B classification, you need to apply for a new visa.

Clarification:

1) If I go for fresh L1-B visa and counsulate VO will ask why it got denied?
2) it is denied due to insufficient specilized knowledge, then why you are applying again for L1-B for the same clent? What I need to anwer to them?

Answers to this questions are highly appreciated...

Regards
Subbu

[shervin143]

Well, try L1 individual or H1B.

[raghvi]

I-94 Extension got denied, L1-B valid visa, My Company applying Fresh L1-B, VO Qus?

When you say your L1B is valid till Mar 2016, it means that your petition is valid till 2016 or the L1 stamping in your Passport is till 2016? That said, if you apply in the same category for same client and same role, in most likelihood it will get rejected. As Shervin mentioned why not go in for L1 Individual or H1b?

[subbuj1978]

Thanks for the quick replay..

L1B visa in the passport is valid till Mar 2016. correspoing petition is valid 2014.
i-94 valid 30-APR-2012

i-94 extension denied and i-94 extension petition got denied. due this denial my HR told as below.

In essence, they have reviewed the underlying Petition for which your visa was granted and denied your case citing that your employment abroad was not specialized and your employment onsite does not qualify as specialized. Thus, if you are to return to the US on that same visa, after USCIS made a determination and denied your Petition, you will be in violation.
In order to return to the US in L-1B classification, you need to apply for a new visa.

After my HR's mail, My Managers are telling that we will apply fresh L1-B again.

1) I am till in confusion that how my visa and petition will be cancelled due to my i-94 extension?
2) Can I apply new L1-B immediatly?

Thanks
Subbu

[shervin143]

1) I am till in confusion that how my visa and petition will be cancelled due to my i-94 extension?
>>> Your visa and the previous petition will remain valid. Yo can use that to travel back to U.S. But the risk is that there is a slight change that you might be deported back for the same reason why the extension was denied. Whether to take that chance or not is upto you.

2) Can I apply new L1-B immediatly?
>>> Yes. But I see a point in applying it again as it just got denied stating that you don't have the specialized knowledge.

[subbuj1978]

Thanks for the valueble answers Shevin.

Could you please share me your mobile number/email, I can share my RFE and Denail Notice. This will give clear picture for the denail.

In the Denail Notice they have writen comment as " YOU HAVE NOT ESTABLISHED THAT THE POSITION ABROAD INVOLVED SPECILIZED KNOWLEDGE."

Regards
Subbu

[shervin143]

From whatever information that you have posted, it is very clear that either you don't have therequired specialized skill or the job doesn't seem like it required a person with specialized knowledge. You can try applying for L1B again. It may or may not get approved. Like I mentioned in my previous reply, trying L1 individual or H1B seems like a best option at this point. Taking a look at your RFE is not going to help much.

Thanks for the valueble answers Shevin.

Could you please share me your mobile number/email, I can share my RFE and Denail Notice. This will give clear picture for the denail.

In the Denail Notice they have writen comment as " YOU HAVE NOT ESTABLISHED THAT THE POSITION ABROAD INVOLVED SPECILIZED KNOWLEDGE."

Regards
Subbu

[subbuj1978]

Thanks for your advice Shervin,

Due to cleint urgent and project stage, I have to travel back in couple of months. So, My Managers are pushing to apply L1-B again. Last month itslef H1-B budject allocation got over.

Due to this reasons, I have to go for only L1-B again. Please advice me the techniques how to handle the VO interview?


Regards
Subbu