My employer processed L1B to L1 A visa type Conversion, unfortunately USCIS denied my petition. Currently I"m back in India and My Employer says, they cannot process fresh L1-A Visa for me as I"ve to wait for another year.
I need a legal answer..Am I legally eligible for fresh L1-A visa? or Have to wait for an year to process a new Visa
Your US employer is absolutely right: to be eligible for a "fresh" L-1A petition as a multinational manager/executive and and this be able to transfer back to the US subsidiary or affiliate company, you'll need to prove that you were employed for AT LEAST one (1) out of the immediately preceding 3 years in a managerial or executive position by the Hindustani "parent" company. Now this my friend, is the "legal" answer. They did not lie to you.. In fact, far from it.
Enjoy Hindustan for one year! You'll miss it when back here.. Time passes much too quickly..
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
In USCIS eyes the answer was clearly "no" Your employer s requisite petition was denied, was is not?
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If you have used all 7 years in L-1A you need to wait one full year outside the US. If you want to be eligible for a full years again in L-1A you need to wait one full year outside the us. Otherwise you do not need to wiat one full year.