Announcement

Collapse
No announcement yet.

L1 help needed, yet another Unique Case or just simply Not Good Enough?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • L1 help needed, yet another Unique Case or just simply Not Good Enough?

    Hi all,

    I've got a denial today for my first L1, and I'm here for your advice.

    I own two companies, one in Lithuania (for 5y.) E.U., and one in CA (1,5+ y.) U.S.;
    The petition was filled for my transfer, and I believed that I do meet all requirements. Still I've got an RFE, sent it - and now got a denial, so maybe I really don't.

    I've just had my status online and still don't have the official response form (so I do know it is maybe a little early to post to this forum, sorry) but as long as I don't plan to appeal(too long and unlikely) - I decided still to ask for your help now.

    My plan is to fill a new petition. We used premium processing (and I plan using it again), but with all RFE ins-outs it took 4,5 months to have a response. In brief, I plan to do it again for as long as it takes to get it approved. To make it clear: I really don't plan to immigrate, but I really need healthy branch in U.S., we're also working to have one more in GB.

    My question is really not that. Our package had 107 documents of almost 400 pages, with all possible things and proves one could need, colored, indexed, with document numbers, translations, pictures and photos of all people and both offices, bank statements etc., etc., etc.

    It is really hard for me to believe that I missed some paper in it, so I have to suppose and admit that it is really may be that I do not qualify for that visa and this is not USCIS or my error.

    And I have this my(naive?) assumption is that I've created a somewhat unique situation with my U.S. business that doesn't fit into the procedures.

    The thing is that as I understand it, normally, L1a is approved for(roughly):

    a) some executive to come and build a start-up business from its ground zero (+all other req.)

    b) some qualified person to come and join a strong and working business as a substantial, absolutely required executive (+all other req.)

    Now I never supposed or planed that, but my case is different. Our U.S. company is definitely not a startup (not this (A) case). We have a small office with only 2 employees - but still we have clients, support contracts, turnaround, we pay our taxes etc., etc. We have real, U.S. clients, with real U.S. people doing their work for them. All that was stated in our papers.

    Still, there are no executives on board. I've never been in U.S. and all operations: company registration, bank account, office and etc. were done by me remotely with the help of my employees. I have two persons working full time (designer+client support manager) - but they are managed by me remotely, as long as there are no management in place at all. I do all things via Internet, and de-facto I am the CEO of that U.S. company. I do not formally work there but as a matter of fact I do all day-to-day functions already.

    Now somehow I believe that the procedure of obtaining a visa couldn't be planned for that case. We are not a start-up. But we can't be treated as a strong business - only 2 persons, no management, no really strong sales. We have enough cash to keep me in though and stated that with numbers. I actually was about to come and setup all things personally, it is very, extremely hard to do such things distantly(+add a time difference).

    So I came to this situation that I, maybe, have to close down this small, but working business and file for a visa with a new one (as for a start-up case) just because I can't increase its volumes and sales remotely, and make it look really much better(say, 5-7 ppl).

    I'm confused. Sorry for a long post, please advise with any comments you find helpful.

    Thanks.

  • #2
    Hi all,

    I've got a denial today for my first L1, and I'm here for your advice.

    I own two companies, one in Lithuania (for 5y.) E.U., and one in CA (1,5+ y.) U.S.;
    The petition was filled for my transfer, and I believed that I do meet all requirements. Still I've got an RFE, sent it - and now got a denial, so maybe I really don't.

    I've just had my status online and still don't have the official response form (so I do know it is maybe a little early to post to this forum, sorry) but as long as I don't plan to appeal(too long and unlikely) - I decided still to ask for your help now.

    My plan is to fill a new petition. We used premium processing (and I plan using it again), but with all RFE ins-outs it took 4,5 months to have a response. In brief, I plan to do it again for as long as it takes to get it approved. To make it clear: I really don't plan to immigrate, but I really need healthy branch in U.S., we're also working to have one more in GB.

    My question is really not that. Our package had 107 documents of almost 400 pages, with all possible things and proves one could need, colored, indexed, with document numbers, translations, pictures and photos of all people and both offices, bank statements etc., etc., etc.

    It is really hard for me to believe that I missed some paper in it, so I have to suppose and admit that it is really may be that I do not qualify for that visa and this is not USCIS or my error.

    And I have this my(naive?) assumption is that I've created a somewhat unique situation with my U.S. business that doesn't fit into the procedures.

    The thing is that as I understand it, normally, L1a is approved for(roughly):

    a) some executive to come and build a start-up business from its ground zero (+all other req.)

    b) some qualified person to come and join a strong and working business as a substantial, absolutely required executive (+all other req.)

    Now I never supposed or planed that, but my case is different. Our U.S. company is definitely not a startup (not this (A) case). We have a small office with only 2 employees - but still we have clients, support contracts, turnaround, we pay our taxes etc., etc. We have real, U.S. clients, with real U.S. people doing their work for them. All that was stated in our papers.

    Still, there are no executives on board. I've never been in U.S. and all operations: company registration, bank account, office and etc. were done by me remotely with the help of my employees. I have two persons working full time (designer+client support manager) - but they are managed by me remotely, as long as there are no management in place at all. I do all things via Internet, and de-facto I am the CEO of that U.S. company. I do not formally work there but as a matter of fact I do all day-to-day functions already.

    Now somehow I believe that the procedure of obtaining a visa couldn't be planned for that case. We are not a start-up. But we can't be treated as a strong business - only 2 persons, no management, no really strong sales. We have enough cash to keep me in though and stated that with numbers. I actually was about to come and setup all things personally, it is very, extremely hard to do such things distantly(+add a time difference).

    So I came to this situation that I, maybe, have to close down this small, but working business and file for a visa with a new one (as for a start-up case) just because I can't increase its volumes and sales remotely, and make it look really much better(say, 5-7 ppl).

    I'm confused. Sorry for a long post, please advise with any comments you find helpful.

    Thanks.

    Comment


    • #3
      I say wait for the official paper. It may tell you why L1 was denied.

      Did you have a lawyer doing the paperwork? Did he/she think companies are set up in a way that allows L1 visa? I mean, you are saying you own 2 companies... are they legaly connected (one owns the other) or only "through" you? Just giving you one example... but it is best to find out first why the visa was denied.

      Comment


      • #4
        Thanks for the quick reply,

        I did all the paperwork myself, but we had a lawyer reviewing our documents before sending those to USCIS. She approved that we do qualify, stated that our case is not usual, as long as we are neither a true start-up, nor a really strong and working business. She refused to give any legal advice on our petition itself - because she was not handling our case and all papers where done by us. She did an overview consultation only, confirming that we're ok to submit, without much attention to particular details in some documents. She looked through all papers though.

        She also advised us to do a complete copy and that saved us, because USCIS requested a complete duplicate in RFE also (among other things).

        And yes, I own 51% of both companies and this is how those are connected.

        Thanks again.

        Comment


        • #5
          There is no real point in submitting an appeal as 98% of them are upheld.

          You need to find out the reason for denial. so wait till the letter cones.

          It maybe a 221 g, which is yet another request for further evidence

          Comment


          • #6
            How many employees do you have in your home country?

            Do you make good profits. It maybe that your business is marginal

            Comment


            • #7
              We have 11 people in the office (~1300 sq. ft.) in my home country. Sure, from U.S. point of view we are not big, but I believe we are a strong standing and well known on the local market team.

              And everyone was not hired yesterday, we reached ~10 ppl. level a couple of years ago.

              Our profits are not very good either - we reinvest almost all of it back to improve and expand. Still, turnaround is ok, and hope it also shows something.

              I'll wait for papers to come.

              Thanks!

              Comment


              • #8
                Instead of intra office transfers, why don't you try EB5 route, if you think you can prove that you have money to invest in a business, that create more jobs for americans.

                http://immigration.about.com/b/2006/11/30/eb-investors-...n-one-years-time.htm

                If you qualified, you may even get the GC itself in an year's time.

                Thanks

                Comment


                • #9
                  Well... I don't know. That sounds more like "create business to come to U.S." and I'd like to "come to U.S. to create business" - that's not really the same thing. I don't feel like being a real investor, and the perspective of such large sums frozen for 3-4 years.. It sounds to me like the way to buy your ticket in.

                  We had this "business expansion" to U.S. (and not only) plan without me having any move thoughts. It was many months later, when I began thinking about that. Today with all those money put into our branch company - I won't go back for an E visa. If I won't succeed resubmitting - I'll keep managing remotely, I guess.

                  Comment


                  • #10
                    So I had my denial mailed in today, finally (21 days from online status change!!!). 16 pages of yada-yada and one and only reason inside I really have no idea how to approach.

                    USCIS failed to get any documents from me that would prove my payment for the parent company. They'd wanted to have documents, proving wire transfers for the purchase of shares. They want to be sure I really paid for the shares.

                    Sure, but there were no purchases. We just paid to an attorney and he just registered a company for us. We never bought any shares from anyone. And I wrote that in the response to RFE.

                    Now my plan is to fill a motion to reopen and reconsider anyway. I will attach my attorney's bill (the one who registered the company) and I will also have some another immigration attorney to look both at the denial letter and at our motion.

                    But maybe I do miss something? The denial letter says that shares with my name written on them doesn't mean much and stock ledger doesn't mean much and that the strongest argument would be to show real money for real shares.

                    But I never paid any. Do you see any points I miss here?

                    Thanks!

                    Comment


                    • #11
                      Sorry, it's not 21, it's 12 (days since the status was changed online). That's a lot still.

                      Comment

                      Sorry, you are not authorized to view this page

                      Home Page

                      Immigration Daily

                      Archives

                      Processing times

                      Immigration forms

                      Discussion board

                      Resources

                      Blogs

                      Twitter feed

                      Immigrant Nation

                      Attorney2Attorney

                      CLE Workshops

                      Immigration books

                      Advertise on ILW

                      EB-5

                      移民日报

                      About ILW.COM

                      Connect to us

                      Questions/Comments

                      SUBSCRIBE

                      Immigration Daily



                      Working...
                      X