Hi my L1 extension was denied, what all options do I have now?
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Why did you file for extension when you had a I-94 till 2015? Extension is filed to request for extension of stay in the US, I cant understand why you would want to file extension when you were legally allowed to stay till 2015.Originally posted by visuala View PostMy I94 has a date for May 2015, but my I129 extension was denied after completion of first three years.
What was the reason given for denial and what did the denial letter state? .
This is my opinion not legal advice.
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You dont seem to understand, even if the extension was approved, if you travel after October, you would still need to go for stamping in order to be allowed entry to US again as your visa expires in Oct. Extension approval doesnt gurantee a visa approval , for valid visa one still needs to go to US consulate abroad.Originally posted by visuala View PostThe only reason for extension was that Visa was expiring in Oct, and if I had to travel in emergency, I would have no option to come back. I did not receive the notice yet, as I just saw the status on uscis portal
You will have to wait and see what the extension denial says, if they ask you to leave US within a specified time, you would have to leave by that time.
This is my opinion not legal advice.
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What was mentioned in the denial notice? If your I-94 has already expired or about to expire it will be difficult to convert to F1, if you never had an H1 you would have to wait outside US till the Cap opens in April 2013 and subsequently H1 start date can only be 01-Oct-2013.Originally posted by visuala View PostYogesh, did you get the reason for denial?
This is my opinion not legal advice.
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L1-A Extension Petition Denied Twice
I have little complicated situation. My L1-A Visa and i-94 was expired on November 30, 2012. I am still in US. Please note:Originally posted by raghvi View PostPlease elaborate your question. Options to do what? If your I-94 has already expired then you pretty much dont have an option but to leave US immediately.
This is my opinion not legal advice.
1. Extension for L1-A was filed in August-12 but got an RFE and then finally got a Denial on November 12, 2012.
2. Filed an Appeal immediately against this Denial notice with the help of Attorney which is currently active.
3. Also filed a new Petition for L-1A with Premium Processing on November 19, 2012. So everything was filed when I was in status. Received RFE again which was replied back on December 1, 2012 with support of an Expert's letter (A Senior Management Professor).
4. Again received a denial notice on new application and now I don't know what to do. It is still showing online that Premium processing has been stopped and notice has been sent but my attorney got a denial notice.
Both times, the reason stated for the denial is " US Job Position duties are not consistent with those typically performed by someone in a Managerial or Executive position." Please note that job description was not changed in last one year when they have given me an approval for the first time.
Another reason for the denial is " the Bachelor's or higher degree is not required for performing the job duties mentioned". Again none of my qualification changed in last 1 year. So only question to USCIS is that if they had these issues then why they have given an approval for the first time.
Please answer my questions if you can and help me.
1. Shall I have to leave the country immediately?
2. What are other possibilities to come back.
3. US company is 100% owned by an Indian Company and they want me to be present here.
4. Going to local Senate Member or State Governor is a good idea?
Your help is highly appreciated.
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L1-A Extension Petition Denied
Thanks.. But is there any way to expedite the Appeal Processing.. Also If I go back to India and apply for B1, then these denials will effect their Decision on B1 visa?Originally posted by kabkaba View PostYes, you need to leave.
Your employer can file an H1 for you.
Any member of the legislative body or state government cannot help.
Regards
Himanshu Bhansali
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There is no way to expedite. Appeals give you no legal status in the US. B1 Visa application may get affected because of denial and extended illegal stay. Note that you are accruing illegal stay after your I-94 expiry, unless the appeal is successful (very low chance).Originally posted by himanshubhansali View PostThanks.. But is there any way to expedite the Appeal Processing.. Also If I go back to India and apply for B1, then these denials will effect their Decision on B1 visa?
Regards
Himanshu BhansaliThis is my opinion and not legal advice.
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