HElp.. help.. Schedule A Background/ declaration Q 6 d or e..??

[udaya86]

All seniors please help me.. I am confused in selecting the right option in Schedule A background/ Declaration, question 6. d or e...?

I was sent to United States on an onsite deputation requirement on a L1 B (Intra company transfer) visa for client location. The visa was issued by USCIS on October 13th 2010 and was valid till August 19th 2013.
As the timelines of the project which I was working for in Phoenix, USA got extended therefore my parent company filed an L1 B extension petition with USCIS on June 28th 2013 which was subsequently denied on November 21st 2013.
Primary reason for the denial as cited by USCIS was due to lack of “Specialized Knowledge” as required by the beneficiary filing under L1 B extension visa category.
The petition in such cases is filed by the company designated attorney who works closely with the Overseas department of the company. The Department acts as a liaison between the associate and the attorney.
Therefore, any official communication from USCIS has to pass through multiple hierarchies before it reaches the associate.
It was due to this reason that despite a denial decision was made on November 21st 2013 it took some time for the Overseas department to receive the official notice from the attorney who then forwarded it to me & my family. It was on account of this delay that we were able to leave United States only by December 7th 2013, roughly 2 weeks from the notice date.

Please guide me whether i have to tick "YES" for 6. d or e...?? of background / declaration. DO you suggest me to attach the copy of "Denial Decision Notice" while sending my application to CIC..? or Explain the same above thing in a word document and send that copy along with my application..?

please guide me...



Thanks and Regards,

Udaya.

 

[Abu Hassaan]

Udaya86,

I am not a legal expert but according to my understanding, your situation doesn't fall under 6d or 6e. I suggest you to answer NO to both questions but attach a detailed written explanation with Schedule A Form. You can also attach any proof supporting your statement/claim. I believe, this will be good enough.

All seniors please help me.. I am confused in selecting the right option in Schedule A background/ Declaration, question 6. d or e...?

I was sent to United States on an onsite deputation requirement on a L1 B (Intra company transfer) visa for client location. The visa was issued by USCIS on October 13th 2010 and was valid till August 19th 2013.
As the timelines of the project which I was working for in Phoenix, USA got extended therefore my parent company filed an L1 B extension petition with USCIS on June 28th 2013 which was subsequently denied on November 21st 2013.
Primary reason for the denial as cited by USCIS was due to lack of “Specialized Knowledge” as required by the beneficiary filing under L1 B extension visa category.
The petition in such cases is filed by the company designated attorney who works closely with the Overseas department of the company. The Department acts as a liaison between the associate and the attorney.
Therefore, any official communication from USCIS has to pass through multiple hierarchies before it reaches the associate.
It was due to this reason that despite a denial decision was made on November 21st 2013 it took some time for the Overseas department to receive the official notice from the attorney who then forwarded it to me & my family. It was on account of this delay that we were able to leave United States only by December 7th 2013, roughly 2 weeks from the notice date.

Please guide me whether i have to tick "YES" for 6. d or e...?? of background / declaration. DO you suggest me to attach the copy of "Denial Decision Notice" while sending my application to CIC..? or Explain the same above thing in a word document and send that copy along with my application..?

please guide me...



Thanks and Regards,

Udaya.

 

[nishesh3003]

Udaya - your inbox is FULL.

Moving on ...

For 6 (d) - you were not denied refugee status or PR in the USA. As far as i understand L1 is not an immigrant VISA. I don't have detailed info on US Visas but feel free to correct me. Therefore this question is a 'NO'.

For 6 (e) - this is a tricky one. You were not refused admission to the US. You were not ordered to leave. Your Extension was denied, which is not 'ordered to leave'. If I understand correctly, your L1 Visa Tenure completed, and you had to exit the US and come back, since there were no further extension, in which case you were not 'ordered to leave'. Therefore this question is a 'NO'.

Again - I don't have detailed info on US Visas but feel free to correct me.