Hi All, My L1B Individual Extension request is denied.
Want to know when can i file a new petition? Is there any cooling period or law?
There is no cooling off period. You can file anytime again.
@Anil.Gupta I am referring to this memo that was issues last year
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-11-15-PM-602-0167-L-1-foreign-employment-requirement.pdf
I didnt understand exactly if it is applicable for L1 extension denials as well. Can you please help?
Hi @ratedguy
Sorry, I didn’t get time to go through PDF. I will do it whenever I get time. Can’t commit. Sorry.
If you have time, please copy paste a snapshot from the PDF that you are referring for faster response.
The one continuous year of qualifying employment must occur outside the United States
The one-year foreign employment requirement is only satisfied by the time a beneficiary spends
physically outside the United States working full-time for the petitioner or a qualifying
organization.
5
A petitioner cannot use any time that the beneficiary spent in the United States to
meet the one-year foreign employment requirement, even if the qualifying foreign entity paid the
beneficiary and continued to employ the beneficiary while he or she was in the United States.
Furthermore, the one continuous year of foreign employment must be qualifying; that is, the
petitioner must demonstrate that the beneficiary worked abroad during that time period in a
managerial, executive, or specialized knowledge capacity.
Brief trips to the United States for business or pleasure do not interrupt the one continuous year
While a qualifying foreign entity employs a beneficiary abroad, brief trips to the United States
for business or pleasure in B-1 or B-2 status toll6 the one continuous year of employment abroad.
Therefore, in such cases, officers should subtract the number of days the beneficiary spent in the
United States from the time the qualifying foreign entity employed the beneficiary abroad. For
example, if the qualifying foreign entity began to employ the beneficiary on January 1, 2016, and
the beneficiary made brief trips to the United States that year for a total of 60 days, the
beneficiary would need to accrue at least an additional 60 days of qualifying employment abroad
after January 1, 2017, in order to meet the one-year foreign employment requirement
What you have copy pasted is the general L1 requirement to be eligible for applying L1.
You have not mentioned if you have used all your L1 quota in US or not.
Neither have you mentioned the denial reason.
I can only answer based on what you told me. You did not tell anything about your case. I answered to-the-point to the question that you asked.
Hi Anil, please find below the details -
i used only 2.5yrs of my L1B from Oct-2016 to july-2019. extension request got denied recently for reason position not involved specialized knowledge.
Can we refile a new L1b individual or blanket? considering that i was not abroad for 1 yr out of last 3 yrs?
What do you mean by you were not aboard?
You said you were using L visa till July 2019.
Till the time you have not used the full quota allowed for one term for L visa, you can re-apply again.
But, applying again would also result in denial if you have not fixed the denial reason.
What i am trying to say is i was in US for 2.5yrs in last 3 years (that means i didnt work in abroad (out of US) office in last 3yrs). Per the attached memo, need to understand for filing a new L1, do i need to satisfy 1yr out of 3yrs logic?
We will overcome reason as denial reason says position involved no specialized knowledge which i think is err from attorney in submitting the docs as obv all of my job duties were same as original petition.
As per my information, you can stay in US for up-to 5 years in US with L1B visa.