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?

Asked 11 months ago - 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".

Additional information

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

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . 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
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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)... more
  3. Robert Louis Brown

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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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