L1A renewal denied! Now what?
#1
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Thread Starter
Joined: Mar 2018
Location: Dallas, Tx
Posts: 142
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…
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.
#2
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.
#3
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.
#4
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Joined: Aug 2010
Location: NYC
Posts: 465
Re: 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…
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…
#5
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,848
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.
#6
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Joined: Mar 2018
Location: Dallas, Tx
Posts: 142
Re: L1A renewal denied! Now what?
i-485 and i-765 were not filed, unfortunately, despite my emails to the law firm, they thought the case was weak…
#7
Re: L1A renewal denied! Now what?
they thought the case was weak…
#8
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Re: L1A renewal denied! Now what?
#9
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Re: L1A renewal denied! Now what?
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).
#10
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Joined: Mar 2010
Posts: 2,848
Re: L1A renewal denied! Now what?
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).
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).
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.
#11
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Thread Starter
Joined: Mar 2018
Location: Dallas, Tx
Posts: 142
Re: L1A renewal denied! Now what?
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.
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.
in the us workforce ‘we’ should be about 30k people.
#12
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Joined: Aug 2010
Location: NYC
Posts: 465
Re: L1A renewal denied! Now what?
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.
#14
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Re: L1A renewal denied! Now what?
Has your job changed significantly since you first arrived?
#15
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Joined: Mar 2010
Posts: 2,848
Re: L1A renewal denied! Now what?
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.
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.
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.