Tweet
L1A petition after being refused L1B and TN VISAs
Hello
I'm in a very complex situation
I'm Canadian my company sent me to the USA on a Blanket L1B visa in 2012 The visa expired in May 2014 Before expiration I went to the border to renew my L1B visa The visa was sent for denial to the USCIS with the conclusion that I don't have enough special knowledge for this visa the BCP agent proposed that I do a TN or H1B he let me return to USA that day with B1 VISA but my wife and kid didn't change the status because they weren't with me in the time of the interview. I did a mistake by not taking them with me and the mistake was because the attorney of my company didn't tell me to take them with me and that their visa is dependent on mine. I spoke with my company attorney and he suggested that I stay in the USA without working and he will file for a TN visa and a change of status from L1 to TN for me and my family After 3 weeks we received an RFE and my company decided to get me back to Canada so that I can work and that I can get paid (still working remotely on the same project and get paid from the same American branch. After filing the requested documents for the RFE I got a denial and the reason was that I came back to Canada.
The Attorney told us that there is not such a law that will cancel the TN application if the change of status is cancelled but I don't believe him.
From Canada I tried to file for a TN again in the border but it was also refused because the CBP agent decided that there is no TN category that fits my job and that I don't have enough links to canada since I am still keeping my apartment in the US and receiving my salary from the US company.
Meanwhile a new opening for a manager position came up in the same project I was working on and I was the one chosen to be the best candidate for this new position. I was wandering what are my chances to get an L1A visa approved for the new position knowing all this history of denials?
We will file with premium processing and I want to avoid the RFE What my petition should include as proofs to avoid the RFE?
I have a Bachelor degree in computer science and 9 years of experience in my company's software. I don't have previous managerial experience. The position is strictly managerial and conforms to the criteria described in the USCIS website.
I'm still keeping my apartment in USA and getting paid from the American branch of my company. I'm staying at a hotel with my family in CANADA.
I know that it's very likely that they will request an RFE but I want to avoid that by sending all kind of documents they will probably request.
I hope I was clear and that I will not cause you a headacke by this story.
Thanks a lot
I'm in a very complex situation
I'm Canadian my company sent me to the USA on a Blanket L1B visa in 2012 The visa expired in May 2014 Before expiration I went to the border to renew my L1B visa The visa was sent for denial to the USCIS with the conclusion that I don't have enough special knowledge for this visa the BCP agent proposed that I do a TN or H1B he let me return to USA that day with B1 VISA but my wife and kid didn't change the status because they weren't with me in the time of the interview. I did a mistake by not taking them with me and the mistake was because the attorney of my company didn't tell me to take them with me and that their visa is dependent on mine. I spoke with my company attorney and he suggested that I stay in the USA without working and he will file for a TN visa and a change of status from L1 to TN for me and my family After 3 weeks we received an RFE and my company decided to get me back to Canada so that I can work and that I can get paid (still working remotely on the same project and get paid from the same American branch. After filing the requested documents for the RFE I got a denial and the reason was that I came back to Canada.
The Attorney told us that there is not such a law that will cancel the TN application if the change of status is cancelled but I don't believe him.
From Canada I tried to file for a TN again in the border but it was also refused because the CBP agent decided that there is no TN category that fits my job and that I don't have enough links to canada since I am still keeping my apartment in the US and receiving my salary from the US company.
Meanwhile a new opening for a manager position came up in the same project I was working on and I was the one chosen to be the best candidate for this new position. I was wandering what are my chances to get an L1A visa approved for the new position knowing all this history of denials?
We will file with premium processing and I want to avoid the RFE What my petition should include as proofs to avoid the RFE?
I have a Bachelor degree in computer science and 9 years of experience in my company's software. I don't have previous managerial experience. The position is strictly managerial and conforms to the criteria described in the USCIS website.
I'm still keeping my apartment in USA and getting paid from the American branch of my company. I'm staying at a hotel with my family in CANADA.
I know that it's very likely that they will request an RFE but I want to avoid that by sending all kind of documents they will probably request.
I hope I was clear and that I will not cause you a headacke by this story.
Thanks a lot
