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Can I apply for a fresh L1A VISA from my native country after getting RFE for L1A conversion that was applied when I was in US?

Charlotte, NC |

I am currently working in US on L1B and my L1A conversion is already filed with USCIS. Want to know if I can head back to my country of citizenship after getting RFE and apply for L1A VISA.

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Attorney answers 3

Posted

The petition will need to be approved before applying for the visa.

919.225.3963
immigration@rbrownllc.com
www.brownimmigrationNC.com

Robert Brown LLC
2330 Meridian Parkway, Suite 3050
Durham, NC 27713

Asker

Posted

Ok, can my employer can file for a fresh L1A petition after I head back to my country of citizenship post getting RFE on the L1A petition that was filed while I was in the US?

Robert Louis Brown

Robert Louis Brown

Posted

Is your question can my employer file a 2nd L-1A petition while the 1st is pending a decision at CIS? Yes but I have no information to base an assessment of the petition being approved. Can this be done after I depart the US? Yes

Asker

Posted

Yes, those were my questions. Thank you so much for your time and shedding light on the questions.

Robert Louis Brown

Robert Louis Brown

Posted

You are welcome. Hope it goes well!

Posted

You cannot apply for L1A either here or there. Only your employer can.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

Right, I meant to ask if my employer can file for a fresh L1A petition after I head back to my country of citizenship post getting RFE on the L1A petition that was filed while I was in the US?

Posted

Your employer's L-1A visa petition must be approved before you can apply for an L-1A visa abroad.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

Ok but can my employer can file for a fresh L1A petition after I head back to my country of citizenship post getting RFE on the L1A petition that was filed while I was in the US?

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