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  • L1A extension denial!

    Hi everyone,
    My L1A extension was denied, (1st extension, I've been running the corporation starting 2006) though i supplied all the required documents without exception.
    the reason of the denial was i had to hire executive employees. I had 3 employees 1 with BS and others college degree. My lawyer didnt mentioned anything about the employees whether they should have executive positions in the corp. with a minimum educa. requirement of BS.
    They gave me 30 days for appeal. WHAT ARE MY CHANCES IN CASE ILL EXPLAIN THEM THAT, I COULD HAVE HIRED EXECUTIVE EMPLOYEES ONLY IF I KNEW THAT WAS A REQUIREMENT!!
    AND IF NOT WHAT ARE MY OPTIONS HERE! I HAVE GONE THROUGH HUGE EXPENSES, INVESTMENT, AND HAVE CONTRACTS AND LEASES TILL END 2009!
    Thank you in advance for advice.
    Gary

  • #2
    Hi everyone,
    My L1A extension was denied, (1st extension, I've been running the corporation starting 2006) though i supplied all the required documents without exception.
    the reason of the denial was i had to hire executive employees. I had 3 employees 1 with BS and others college degree. My lawyer didnt mentioned anything about the employees whether they should have executive positions in the corp. with a minimum educa. requirement of BS.
    They gave me 30 days for appeal. WHAT ARE MY CHANCES IN CASE ILL EXPLAIN THEM THAT, I COULD HAVE HIRED EXECUTIVE EMPLOYEES ONLY IF I KNEW THAT WAS A REQUIREMENT!!
    AND IF NOT WHAT ARE MY OPTIONS HERE! I HAVE GONE THROUGH HUGE EXPENSES, INVESTMENT, AND HAVE CONTRACTS AND LEASES TILL END 2009!
    Thank you in advance for advice.
    Gary

    Comment


    • #3
      Consult with an attorney. Don't panic, if you are out of compliance, get into compliance, but nonetheless, you need to speak with an attorney who specializes in employment cases.

      Comment


      • #4
        I already consulted another lawyer who has my whole file in hand, waiting for hes suggestions. My initial lawyers advice is to leave the country asap and expend the business from overseas and than apply for a new L1!! which is almost impossible and the process takes 2 years minimum. and still nothing guarantees for the new L1 !
        Anyways thank you for your help.

        Comment


        • #5
          Hi

          99% of appeals are denied so do not hold out much hope , sorry.

          There are strict time limits for appeal also. I cannot see if you go back to homeland that a new L visa would be approved if this extension was denied,

          You should use attorney who is a member of aila and the respective bar assn

          Comment


          • #6
            You have three choices: a) do nothing, b) go back home, or c) file an appeal/motion addressing thoroughly the denial grounds. Not one of these is easy I know but given the limited info on this limited space, this answer is the most that you can get.

            Comment

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