The USCIS recently denied my L1A petition because they said the U.S. position did not appear to be managerial. The U.S. position is very technical, so we now want to reapply under the L1B category. How long do we have to wait after the L1A denial before filing the L1B petition?

Answer

There is no set amount of time one must wait to file an L1B petition after an L1A petition is denied. In fact, it is even possible to file another L1A petition immediately following an L1A denial. However, filing a second L1A petition generally would make sense only if there has been a change in circumstances, or if there were deficiencies in the initial petition that can be addressed in the second petition. (26.Oct.2022)

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