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Can I re-apply for L1A after going back to India? How soon can I re-apply? Is 6 months wait from 6/14/13 required to re-apply?

Charlotte, NC |

I am on L1B and am completing 5 years on 3rd Sep 2013. I will be leaving US on 3rd Sep 2013. My L1A was applied on June 14th 2013 and was converted to premium. I received RFE on 11th July 2013 and later, I received denial notice on August 13th 2013 with reason "The evidence shows the beneficiary was not promoted to a managerial or executive position until June 14, 2013, less than six months prior to his or her reaching five years in L1B status".

In my question I meant can my employer re-apply L1A for me.

Attorney Answers 3


  1. Talking to the immigration attorney who handles this issue for the employer is the way to go. Posting on AVVO is not.

    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.


  2. No, one year is required.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (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.


  3. there is no requirement that you wait any amount of time before read applying. Your employer's attorney should be able to do the process at any time.

    919.225.3963
    immigration@rbrownllc.com
    www.brownimmigrationNC.com

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

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