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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Below are my traveling dates to US. I got my L1 Visa

Customer Question

Hi, Below are my traveling dates to US. I got my L1 B Visa extension denied on 24 Dec 2015. Can I apply now for fresh L1 A Visa in Feb 2016?
Trip 1) From Feb/03/2008 until May/03/2008 in B1 status;
Trip 2) From May/11/2008 until Jan/16/2010 in L1B status;
--- Jan/16/2010 to Jul/25/2010 -- Worked in India office
Trip 3) From Jul/25/2010 until Sept/11/2010 in L1B status;
--- Sept/12/2010 to Jun/05/2012 -- Worked in India office
Trip 4) From Jun/06/2012 until Dec/24/2015 on (New) L1B status.
My extension got denied on Dec/24/2015 and I travel back to India. --- from Dec/25/2016 till date, I am working in India office.
I have completed 9 years in my current company and my total experience is 11 years.
I am at manager position and team of 10 people is reporting to me.
Do you see if I fit to apply for L1A visa.
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Judith replied 10 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Why was your extension denied?

Judith

Customer: replied 10 months ago.
I send my extension in March 2015 and then got RFE in July so I send RFE response in AUG 2015. RFE was for to provide proof of my 1 year work on technology in India.
So I sent all details and proof, then in reply they say that even there is RFE response they gave weightage to original application of March where it wasnt clear and denied my extension.
Expert:  Judith replied 10 months ago.

I am confused why the company applied for an "extention" because you had more than a one year break from 9/11/10-6/6/12. Unless you mean it was an extension of the petition filed in 2012.

It should have been a new petition to restart the clock.

The USCIS not only wants evidence of the work experience, the employer has to set out how your technology work is proprietary to the company.

Your work has to show the application of your technology is specialized knowledge particular and unique to your companies product, service, etc and that your advanced level or knowledge or expertise is unique to the company's processes and procedures.

Your knowledge of the company's product , process or procedures has to be beyond the ordinary in the field but it has to be proprietary knowledge that is unique and specialized for your company and not common place in the industry.

I don't know what your company's letter of support showed with regards ***** ***** what you do to be exclusive to the company and not common in the industry in which your company engages.

Unless you manage a department or specialized unit within the company and it is evidenced by the company's organizational chart that you are in that hierarchy at the top level of management, merely being a supervisor of 10 employees under you would not necessarily qualify you for an L1A.

I would suggest that the company refile a new petition since they did not apparently satisfy the USCIS with adequate evidence of your unique proprietary knowledge of the company's particular product or service. It is an art to be able to draft the support letter that specifies in detail the unique nature of your specialized knowledge and how it is different from the industry in general. That is where the weak link in the chain was.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith replied 10 months ago.

Read this draft USCIS guidance memorandum to understand what USCIS is looking for in the support letter

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft%20Memorandum%20for%20Comment/2015-0324-Draft-L-1B-Memo.pdf

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 10 months ago.
My Extension was for the petition filed in 2012.
All other requirements can be managed, but I have primary question on dates.
I am planning to apply for fresh L1A now I want to make sure I meet basic requirement of L1A of stay out side US.
Or I have to wait 3 to 4 months for cooling period as my extension got denied.
Expert:  Judith replied 10 months ago.

There is no "cooling period". But you need to have worked in the company for one year in the past 3 years to begin a new petition for L1A. You were in the US for 3 years and have not been back working for 1 year to begin a new petition under L1A status.

Judith

Customer: replied 10 months ago.
Hi, Ok so as I understand I have to spend 1 year.
My question is if in this 1 year I travel to US for some business purpose on B1 visa for short duration say 4 weeks etc.
Will it get consider in my 1 year or I have to stay in India 1 year + 4 weeks to complete duration
Expert:  Judith replied 10 months ago.

Short duration, intermittent business travel to the US does not interrupt the 1 year as long as you are paid abroad.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers.
Judith

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