Am I still eligible after a 18-day overstay for an L1? 6 Answers as of May 23, 2011

I recently overstayed (by 18 days) my VWP. Work is considering sending me on a L1 transfer back to the US. I was refused entry under the VWP due to the previous 18 days and told I must get a Tourist visa or an L1 visa to come back in. This is all in the documentation I was provided with. I am just wondering if I am still eligible after the 18-day overstay for an L1?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
L-1 can still be issued at the Consulate. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. We offer payment plans with no interest.
Answer Applies to: New York
Replied: 5/23/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
18 days should not be a problem.
Answer Applies to: Florida
Replied: 5/16/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Contact my office for legal consultation. You may need a non-immigrant visa waiver to overcome your previous overstay.
Answer Applies to: Florida
Replied: 5/16/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The refusal to allow you in the country under the Visa Without Inspection program is a required bar. The refusal to allow you into the country in an L-1 visa application is within the discretion of the USCIS, or the State Department official when you go to consular processing at the nearest consulate to get the entry visa on your L-1. However, that refusal is highly unlikely, given that you left the country less than six months after the earlier visa was out of status. If you wish the assistance of an attorney in the L-1, please feel free to contact me for a phone consultation.
Answer Applies to: California
Replied: 5/16/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You may be. You will have to find out at the port of entry. The norm is that depending on your visa and whether you filed for an extension of a visa, USCIS will give you a grace period of 30 sometimes 60 days to wind up your affairs and leave the US. HOWEVER, they often do not allow for that under the new normal. Now, you are in a special category, the VWP category. USCIS is lot more strict with your category since you do not need a visa and you know exactly how long you can stay before you even pack up to come to the US. VWP cannot be extended either. You will have to have a tremendously good reason for the overstay in case you are asked for one at the port of entry. Your L-1 will help. The problem I see is that you will be suspected of having engaged in unauthorized employment in the US since you are getting an L-1 immediately after having overstayed. I say if you have your L-1 ready, then it is of no use if you do not use it. So, good luck to you!
Answer Applies to: California
Replied: 5/16/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    Yes, you should still be eligible for a L1 visa given the short period of overstay. However, you will have to explain why you overstayed and that you did not otherwise violate you status.
    Answer Applies to: California
    Replied: 5/16/2011
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