Looking for L1 renewal advice.....

[CAbound2010]

Hi everybody:)
It looks as though we are probably going to meet with an immigration attorney to discuss our 'probable', L1. We plan on one more holiday to california, (so we will meet him probably then) before we go ahead with an
L1 visa.
Although the process is daunting, it does seem for a new L1 office, more or less straightforward.:confused: I dont mean the process itself straight forward, but the requirements of an L1 for 'new office', ie form a corporation, UK turnover, someone managing here in the UK, office premises in America, etc . Oh and business plan, I read somewhere?
But as mentioned I am absolutely scared out of my mind, for the renewals.
I could ask an immigration attorney I suppose, but Im sure an immigration attorney is not, or does not, or has not! experienced renewals like 'real people' have! ie like you people on this forum that have had to experience renewals. I read a thread here where a couple I think in Maine, wasnt renewed and had to come back to the UK, although I dont know them, what a horrible situation for these people!
So to end this long post, could I ask people the dos and dont's or the must nots, the must haves, so that we at least have half a chance of a successful renewal.
If immigration are asking after 1 year that we have a turnover of 1 million dollars in the first year or something like that, then we best not go for the L1:)
Would people mind sharing with me, the realistic expectations that the america immigration will require us to have in order for us to be able to renew the visa?
Thank you very much

[JulieC]

You need to be trading successfully enough to pay yourself a realistic salary, to employ a manager under you and a few employees under him or her so you can have a hierachy. Most L1 renewals that get denied get turned down because the owner is adjudged to be a worker not a bona fide manager. Mine was on a technicality. Make certain that the UK company either owns the US side wholly or is a majority shareholder or if they are to be affiliated companies that the shareholding of both the UK and US companies is exactly the same. Ours wasnt, Got through L1 first application that way and then denied on renewal and on appeal. Still dont understand it.

Quite a few L1 renewals do get denied. Dont worry too much about it, some people appeal and file for 1-140 and believe it or not get through, have known two or three instances. In the last resort you could always change status to E2.
The couple from Maine where E2 by the way.

[Bayfield]

There are Lawyers in London, they will be familiar with the requirements of the London Embassy.

With regards to E2 status, that is possible, as is the other way around, but you have to ask yourself if that is what you want. Status means being landlocked, not being able to travel, well you can leave but you will need a visa to get back in. With a UK busines that may well be an issue.

[mr&mrssunshine]

julie, are you 100% about the 'pay you a salary' bit. One of the advantages we have been told about by our attorney (who will be submitting for us in feb) is that the UK company can continue to pay the visa holders salary. thus meaning you need to earn/take less on the US side.

agree though you must employ a manager and MUST have a seperate office (which is a real pain as most business could run from home !

have to say after much searching I think/hope we have got ourselves a very good attorney (in Fla). we are juts going thru the papperwork stage

[davidmartin_uk]

Hi

Not to put a damper on things as you seem very keen but one thing that worries me is that you don’t mention what the US business is going to be. You have like a throw away comment on needing a business plan but that’s it. You are going to have to buy and existing business, or start a new one. If you get all that right the visa will sort itself out. Don’t get bogged down in the denial stories. Get your US division of your UK operation up and running. It can be anything.

I am just worried you are doing things the wrong way round. Without a successful business or start up you will either never get to the USA or have a miserable year there to be sent back loosing a lot of money.

GET THE BUSINESS SORTED OUT FIRST – THEN THE VISA

As you have seen form your research its small ‘mom and pop’ type operations that seem to get denied. You can get away with a small operation on an E2, not on an L1.

With the economy in CA one of the worst in the US the nature of the business you buy or set up IS THE MOST IMPORTANT FACTOR in your dream of moving to the USA.

Dave

[McSporran]

Hi

Not to put a damper on things as you seem very keen but one thing that worries me is that you don’t mention what the US business is going to be. You have like a throw away comment on needing a business plan but that’s it. You are going to have to buy and existing business, or start a new one. If you get all that right the visa will sort itself out. Don’t get bogged down in the denial stories. Get your US division of your UK operation up and running. It can be anything.

I am just worried you are doing things the wrong way round. Without a successful business or start up you will either never get to the USA or have a miserable year there to be sent back loosing a lot of money.

GET THE BUSINESS SORTED OUT FIRST – THEN THE VISA

As you have seen form your research its small ‘mom and pop’ type operations that seem to get denied. You can get away with a small operation on an E2, not on an L1.

With the economy in CA one of the worst in the US the nature of the business you buy or set up IS THE MOST IMPORTANT FACTOR in your dream of moving to the USA.

Dave

Agree with you 100% Dave.

[CAbound2010]

Hi all,
Thanks very much for the replies, ive got a list as long as my arm! for things Im taking note of, some are not immigration related, funnily enough.
Just looking to decide whether we form a c or s corp, its looking probably like the S corp is going to be more beneficial (for us). Also contacted the caez.org for various enterprize zones in my area. (well the area where we will probably have the office)
If there are other things, I look forward to your replies :) and advice!
thanks again

[British Redneck]

Definitely go for an "S" corp.

[Susie]

Definitely go for an "S" corp.


Hi for the benefit of others can you explain the difference , and advantages and disadvantages of both, thanks

[British Redneck]

This article seems to sum it up with some authority: http://www.bizfilings.com/Learn_About/C_Corporations_vs_S_Corporations#C_Corporations_vs _S_Corporations
For more details speak to a tax professional for a full explanation.

[mr&mrssunshine]

reading that it says S corporations may not have non us resients as shareholders. Surely an LLC is the best way. as one of the pre requsites for an L1 is the foreign company must own 51% of the US surely an S is not the right way. Or am I missing something

[InnVic]

reading that it says S corporations may not have non us resients as shareholders. Surely an LLC is the best way. as one of the pre requsites for an L1 is the foreign company must own 51% of the US surely an S is not the right way. Or am I missing something

The definition of US resident is different for taxation purposes (this was discussed in the thread "taxation on leaving") so you should be able to have an S corporation.

http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html

[mr&mrssunshine]

tax purposes yes - shareholding ??

is it worth the risk, we are going LLC

[JulieC]

You can go LLC then elect to be treated as an S corp once you are here and up an running and are definitely a tax resident. My accountant made the election for us once we had been here a few months.

[British Redneck]

Our "S" corp. was set up by and on the advice of our immigration attorney at the time. Things may have changed in the intervening seventeen years but I doubt it.

Anyway, by this ruse we have always managed to get a decent refund to pay for our vacation trips to Jamaica.

[CAbound2010]

Im looking for some people to help with a game Im currently developing. The team and game are in very early stages of development. So far we have me Lead developer, and Leval Designer and one other person 3d/2d artist and concept artist. We are planning on making a survival horrorish game set in a post nuclear Armageddon world.

EDIT: New details

Here are the basic details so far:

The game takes place after world war three, the world has been reduced to a waist land. The lands are ruled by gangs, thugs, creatures, and mutants created by the nuclear radiation. Youre gang has been at war with another gang for quite some time, that is until one day they just disappear. Youre group takes this as a victory and celebrates its long awaited piece... that is until the same thing begins to happen to youre gang. Now you must unravel the mystery behind the mysterious disappearances and find out what really lies benith the waist lands.

That is the basic plot for the game. It will be a single player third person action/survival horror/mystery game. The game will be liner with a few areas to explore to find clues and other hidden secrets. Combat will mostly be melee with stuff like pipes and axes, and once in a while the player will come across a gun or two but they will have to use the ammo wisely.

That is what we have so far, the end result may be different from what is stated above.

We are looking for anyone with any skill leval, as long as you are over 13 and live in canada or usa. This is not a paying job at the moment, but depending on how things go that might change.

So, if youre interested in one of the positions listed bellow, post a replie or pm or send me an email me with youre email and example work if you want to.

We are currently looking for:
-Scripter/Programmer
-2D artist
-3D artist
-Concept artist
-Leval Designer

just hijack the thread why dont you! on something that has nothing whatsoever to do with L1 renewal advice:(