L1A renewal denied! Now what?

Old Aug 27th 2021, 11:53 am
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Default L1A renewal denied! Now what?

Hi folks!
I am in a situation I do not desire to anyone;
- visa L1A with PED until June 2021
- renewal of the visa (after 3 years) is “Denied” in USCIS site since yesterday
- my wife is due (we are having a baby) in 2 weeks, hence we cannot go anywhere now it is too risky to try to move anywhere.
- my GC process started in Dec 2020 and the i-140 was approved a week ago, although the i-485 and rest of the application was not filed concurrently (as per the advise from the lawyer)

my company puts me on LOA and I will pay the health insurance myself (COBRA) and I am yet to hear from HR department and the law firm the options, they are assessing a few of them, they said.

anything you can think of so I could arrange something to remain and work?
Thanks all! Anything will help, we are desperate…

Last edited by circusplaza; Aug 27th 2021 at 1:51 pm.
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Old Aug 27th 2021, 12:38 pm
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Default Re: L1A renewal denied! Now what?

I'm so sorry to hear your news. Other than US Marriage-based Visas, I know little about the other visas. Just wanted to offer my sympathy and hopes that your legal team can assist.
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Old Aug 27th 2021, 12:48 pm
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Default Re: L1A renewal denied! Now what?

I would avoid panicking until you have received the letter from USCIS stating reasons for denial. Then you can attack it with the facts.
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Old Aug 27th 2021, 2:55 pm
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Default Re: L1A renewal denied! Now what?

Originally Posted by circusplaza
Hi folks!
I am in a situation I do not desire to anyone;
- visa L1A with PED until June 2021
- renewal of the visa (after 3 years) is “Denied” in USCIS site since yesterday
- my wife is due (we are having a baby) in 2 weeks, hence we cannot go anywhere now it is too risky to try to move anywhere.
- my GC process started in Dec 2020 and the i-140 was approved a week ago, although the i-485 and rest of the application was not filed concurrently (as per the advise from the lawyer)

my company puts me on LOA and I will pay the health insurance myself (COBRA) and I am yet to hear from HR department and the law firm the options, they are assessing a few of them, they said.

anything you can think of so I could arrange something to remain and work?
Thanks all! Anything will help, we are desperate…
I'm sorry to hear! Did you get an RFE first, and then subsequent deny? Or no RFE at all, just straight to deny? In addition, can you confirm if I-485 and I-765 were filed already, and if so, what date is the receipt notice?
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Old Aug 27th 2021, 2:59 pm
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Default Re: L1A renewal denied! Now what?

How long was your original L1a for? Was it for a small company / new office or was it for a large employer with a blanket petition. That would at least help to narrow if the issue is with your or the employer.
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Old Aug 27th 2021, 7:00 pm
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Default Re: L1A renewal denied! Now what?

Originally Posted by destone
I'm sorry to hear! Did you get an RFE first, and then subsequent deny? Or no RFE at all, just straight to deny? In addition, can you confirm if I-485 and I-765 were filed already, and if so, what date is the receipt notice?
We got an RFE about my position in the firm while I was overseas (London). 2 weeks after responding to the RFE came denied.

i-485 and i-765 were not filed, unfortunately, despite my emails to the law firm, they thought the case was weak…
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Old Aug 27th 2021, 7:03 pm
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Default Re: L1A renewal denied! Now what?

they thought the case was weak…
Apparently USCIS agreed. As stated before, all you can do is wait for the letter and see what it says.
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Old Aug 27th 2021, 7:59 pm
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Default Re: L1A renewal denied! Now what?

Originally Posted by circusplaza
We got an RFE about my position in the firm while I was overseas (London). 2 weeks after responding to the RFE came denied.

i-485 and i-765 were not filed, unfortunately, despite my emails to the law firm, they thought the case was weak…
I believe you are able to file the I-485 yourself and pay the fees, but not sure what happens in terms of any unlawful presence you accrue or if that would impact the AOS. What kind of role and industry are you I ? A lawyer told me 2 or 3 years ago L’s we’re getting a lot more scrutiny.


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Old Aug 27th 2021, 7:59 pm
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Default Re: L1A renewal denied! Now what?

Originally Posted by tht
How long was your original L1a for? Was it for a small company / new office or was it for a large employer with a blanket petition. That would at least help to narrow if the issue is with your or the employer.
visa is June 2023 but I think you need to renew the 3rd year.
my renewal came denied on USCIS on Wed.

i work for an american multinational, 500+ gobally.
my position is 1 level below executive group, definitely a managerial by far.

the rfe was about my role overseas (something that in theory was approved when granting my visa 3 years back to come here).
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Old Aug 27th 2021, 9:24 pm
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Default Re: L1A renewal denied! Now what?

Originally Posted by circusplaza
visa is June 2023 but I think you need to renew the 3rd year.
my renewal came denied on USCIS on Wed.

i work for an american multinational, 500+ gobally.
my position is 1 level below executive group, definitely a managerial by far.

the rfe was about my role overseas (something that in theory was approved when granting my visa 3 years back to come here).
new offices are usually 1 year and others are 3:
https://www.uscis.gov/working-in-the...ive-or-manager

500 employees sounds more like a startup or SME to me, I think 10-50k employees for a true “multinational”.

Your role was not approved in theory, if the visa was approved, it was approved, but guidance can change, so the same facts can lead to a different outcome, and that can even come down to the officer reviewing it.

If you read the guidance it’s also quite broad, I came as a “manager” but had no direct reports. And conversely someone could manage lots of people and not fit because they are not really directing the business or able to make material decisions.

hopefully your employers law firm is able to sort it out for you! Good luck.

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Old Aug 27th 2021, 9:53 pm
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Default Re: L1A renewal denied! Now what?

Originally Posted by tht
new offices are usually 1 year and others are 3:
https://www.uscis.gov/working-in-the...ive-or-manager

500 employees sounds more like a startup or SME to me, I think 10-50k employees for a true “multinational”.

Your role was not approved in theory, if the visa was approved, it was approved, but guidance can change, so the same facts can lead to a different outcome, and that can even come down to the officer reviewing it.

If you read the guidance it’s also quite broad, I came as a “manager” but had no direct reports. And conversely someone could manage lots of people and not fit because they are not really directing the business or able to make material decisions.

hopefully your employers law firm is able to sort it out for you! Good luck.
Apologies, 500k+ employees globally.
in the us workforce ‘we’ should be about 30k people.
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Old Aug 27th 2021, 10:24 pm
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Default Re: L1A renewal denied! Now what?

Originally Posted by circusplaza
We got an RFE about my position in the firm while I was overseas (London). 2 weeks after responding to the RFE came denied.

i-485 and i-765 were not filed, unfortunately, despite my emails to the law firm, they thought the case was weak
I am sorry for the – excuse my language (!) – BS legal advice you received at the time. The I-485/765/131 all should have been filed either concurrently or literally days after the I-140 got filed.

See, if that was the case, you could now travel and work with your I-765/I-131 even though the L1-A extension got denied.

You're lucky in that at least your I-140 got approved. Now you could seek consular processing for an immigrant visa but as others said first wait till you get the official denial letter. Hopefully you can appeal your case (and if needed, parallel track consular processing) or file a motion to reopoen/reconsider. Just make sure you are in the country legally or your GC is lost.

Anecdotal data suggests that L-1A renewals are under more intense scrutiny under Biden than they were under Trump.

Last edited by destone; Aug 27th 2021 at 10:29 pm.
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Old Aug 27th 2021, 10:25 pm
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Default Re: L1A renewal denied! Now what?

Originally Posted by civilservant
Apparently USCIS agreed.
No. I-140/I-485 and I-129 L-1A are completely different beasts. One may be denied where the other approved.
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Old Aug 27th 2021, 10:26 pm
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Default Re: L1A renewal denied! Now what?

Has your job changed significantly since you first arrived?
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Old Aug 27th 2021, 10:39 pm
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Default Re: L1A renewal denied! Now what?

Originally Posted by destone
I am sorry for the – excuse my language (!) – BS legal advice you received at the time. The I-485/765/131 all should have been filed either concurrently or literally days after the I-140 got filed.

See, if that was the case, you could now travel and work with your I-765/I-131 even though the L1-A extension got denied.

You're lucky in that at least your I-140 got approved. Now you could seek consular processing for an immigrant visa but as others said first wait till you get the official denial letter. Hopefully you can appeal your case (and if needed, parallel track consular processing) or file a motion to reopoen/reconsider. Just make sure you are in the country legally or your GC is lost.

Anecdotal data suggests that L-1A renewals are under more intense scrutiny under Biden than they were under Trump.
That is not a given at all. while an employee may want it filed together that may not be what the employer wants to do. Some don’t want to spend the money until the I-140 is approved, some may want to control when an employee gets “Greened” for retention or to minimize compensation.

my green card was filled within months of me arriving on my L1a so there was no rush or pending renewal. Mine was filled later and I had no issues.

As with all things immigration there are lots of reasons things are done and not done. And they are mostly in favor of the employer… not employee.

In the case of the OP the consequence of not doing it may hurt his employer, but with a company that size they may do lots of these and the fees can add up so they may just have that as a policy.

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