I am from JM entered into the U.S. in 10/2005 with L1A (total 5 years here: 3 years with L1A and 2 years I-140 pending). My L1A was valid until 10/2010. My wife has L2, but she is also working for the company. My attorney #1 filed I-140 in 2008, but he did not file L1A extension. I-140 was denied in January 2010.
We hired Attorney #2 to appeal I-140 and filed L1A extension. L1A extension was denied in June 23, 2010 because he did not qualify the position of executive. Can we reapply for L1A while I-140 is pending without leaving the USA? but, if so, how do we explain the regulation 1/3 year requirements of "the within three years of admission to the U.S. ...... "? What are our options?