L1 History Prejudice E2 for USA??

[Steve23]

Hi Guys, First post so here goes!! hope someone can help!

I have a question. I have been issued an RFE for my L1A extension. My original L1 expired on May 26th. I have until 16th July to respond to RFE. Lawyer is now suggesting that I either withdraw my L1 petition, or let it expire, and instead file for an E2.

My fear is that when I go to the US consulate I will be quizzed on my L1 withdrawal, and that this may prejudice my E2 application.
In terms of the company, it has been doing business etc but due to economy and such, just has been struggling to get off the ground and looks like the it may not cut the mustard.

My response to the Consular official if asked what happened would be to first explain the whole thing and that despite my L1 situation, I am fully committed to making the business profitable, evidenced by my willingness to risk a considerable amount of my own money into the venture to see it grow.

Does this sound logical, or do I have my head in the clouds? The above is written in the presumption that I will have all the correct docs in place for E2. I do know that the business has tremendous potential, and I do not want to walk away from it now. It just needs another year or so to see the returns.

Will my L1 history affect my E2 application, and if so, how do I explain away at Consulate?

Thanks a million in advance

[bizboots]

I always thought that the L1 visa is a path to a green Card, E2 definately is not


Hi Guys, First post so here goes!! hope someone can help!

I have a question. I have been issued an RFE for my L1A extension. My original L1 expired on May 26th. I have until 16th July to respond to RFE. Lawyer is now suggesting that I either withdraw my L1 petition, or let it expire, and instead file for an E2.

My fear is that when I go to the US consulate I will be quizzed on my L1 withdrawal, and that this may prejudice my E2 application.
In terms of the company, it has been doing business etc but due to economy and such, just has been struggling to get off the ground and looks like the it may not cut the mustard.

My response to the Consular official if asked what happened would be to first explain the whole thing and that despite my L1 situation, I am fully committed to making the business profitable, evidenced by my willingness to risk a considerable amount of my own money into the venture to see it grow.

Does this sound logical, or do I have my head in the clouds? The above is written in the presumption that I will have all the correct docs in place for E2. I do know that the business has tremendous potential, and I do not want to walk away from it now. It just needs another year or so to see the returns.

Will my L1 history affect my E2 application, and if so, how do I explain away at Consulate?

Thanks a million in advance

[InnVic]

if your business doesn't qualify for L then its unlikely it will qualify for E2. Can you extend status? (when does your I-94 expire?)

[kirtida8]

My sister had an L-1 refused and still got her EB-5, but thats a whole different visa.

[InnVic]

Kay as you know EB 5 is a whole different ball game - investment is based on someone elses business plan - not yours. My point was if his business is not currently economically viable for L visa then it probably will not fly for E2 - regardless of previous applications or not.

[kirtida8]

I agree Innvic. But then again my sister was refused because they thought she was my SPOUSE :doh:, and not because of the business plan.

[InnVic]

I agree Innvic. But then again my sister was refused because they thought she was my SPOUSE :doh:, and not because of the business plan.

They were probably just being openminded and unbiased ;) - since gay marriage is legal in several states - but still suspect they don't allow it among siblings! :D

[Carl]

He may not quailfy because of corporate relationship issues for the L1.

Carl.

[JulieC]

Have already answered this on the other forum, but here goes again. E2 depends on your investment. How much have you put into the business money wise?? The business should also not be marginal, ie able to support you. Having previously done L1 should not prohibit you from doing E2 provided you fulfill the criteria. Having said that, E2 is a very second rate visa compared to L1 and it is probably worth exhausting all avenues on that before caving in and getting E2. Your attorney is looking for an easy life. However as one who has had both L1-A and I-140 initial applications and appeals denied, and is now on E2, this isnt an easy route and is gut wrenchingly stressful.