L1 renewal denied

[SharE]

Hi all,

As I am writing these words, I am exhausted, terrified and sad.
I received my L1 renewal denial 10 days ago and can't find any comfort since than.
In August 2008 I received my L1 approval. I opened the company a year earlier, in 2007. As things progressed, I didn't move to the US when I had the L1 approval since I needed to keep both the company abroad and pushing the company here in the US in these crazy global recession time. It was hard.
My L1 Visa was expired on August 25th 2009. In the second half of 2009 The business really started climbing and we (my wife and I) decided to move to the US. Apparently we made a huge mistake as we entered with our B2 knowing from our attorney that we can try to renew our L1 Visa from here and ask for a change of status. We filled the renewal and received a request to submit more documents that show that the company was growing and submitted them soon after the request.... Than we received the denial. The denial form is detailed and includes lots of reasons why the petition was denied but shortly:
The USCIS can not see the growing of our company to be sufficient to support a managerial position based on annual report from 2008. They completely ignored the new contracts the company achieved for 2009 and 2010 (It's a small company but developing). The other very important issue is the change of status from B to L1: although not working since we arrived, my accountant filled a tax report for the last quarter of 2009 showing payments for taxes payed on this period time however for payments that I received when the L1 was in status - A total disaster. So they think we were working illegally while we were on a B status. They also asked pictures of the building/ office and thought the office is too small for a corporation.
I had just one employee on a very small salary. The denial also spots that as a manager I didn't hire an employee to supervise however I payed freelancers per jobs.
I have a chance to appeal within 33 days from receiving the denial ("if you disagree with the decision, or if you have additional evidence you believe shows the decision to be an error you may appeal........") on February 8th 2010.
Going over the denial I know some information is incorrect and more important I understand the this type of visa may be suitable for big companies but will they be willing to listen? Can I approve that the business has a bigger office? New employee/s?
I had a second opinion from a lawyer saying that the case is dead but I refuse to raise hands. By this time I completely neglected the business overseas and I really can't go back to that emptiness. My son is adjusted here already in school and again, I have contracts with clients and a very good beginning here....
Can someone share any info on the chances of the appeal (I am sure it depends on lots of aspects)? How much time does it takes?
Can we stay here while the appeal is in process?
Can we go back to our country and try a different Visa or file for a new L1 quickly (can't even imagine how this will effect the kids)?

We see our dream falling apart and we are totally terrified.
Thank you!

[CAbound2010]

:(
Hi there, so sorry to read this, I can only imagine how you must be feeling.
The one thing I have found has helped me on here is the invaluable advice that people are willing to give you for free! and knowing that there are others in a similar boat, ie immigration!!

The second very important thing I have taken from this site is NOT TO APPEAL!!
they are very rarely successful, I typed in renewal appeal into the search bar here, and most if not all were denied.
But people were advised by their attorneys and others on this forum to start a new petitition! ie refile not appeal.
I have been watching renewals very closely as it is the visa (L1) that we will probably choose:confused:
the appeals office is also run by the USCIS, where as if you were applying for a green card the appeal procedure is run by a totally independent office.
Im sure others will be along to help, who are more in the know than little ol me! :)
Are you out of status? If you are not you can always 'flip' for a green card, which is 'prospective in nature' based on what you are going to do, NOT doing now!
Otherwise refile for a new L1 petition, you may have to leave the country for a bit (i think??) but if you appeal and stay in the country and it is denied then it is considered an overstay, (again I think) then you face potential bar from the US anyway. Best wishes and good luck:)

[CAbound2010]

Just had a thought:confused:
Again, might be barking up the wrong tree here.
Could you not go to the immigrant rights comission in California and contact them:)
Another thing, perhaps to do, it would certainly raise a bit of awareness (hopefully).
Is to ask who the officer was that looked at your papers and denied you,
and take that to your local press, and ask them
'Is this how the United States Government is helping the American people out of recession by denying good honest tax payers the chance to be here'!
Then write a letter to the officer:fit:

[Carl]

File an appeal, (you wont win but it will keep you in status) , but if you file for a green card straight after receiving your receipt notice for your appeal, and if you do the green card app right, you might just do it, we did.

Carl.

[Steve in clermont]

Hi Welcome,
Im sorry to hear you are in such a mess.
The L1 visa is perhaps the cheapest option to get out here legally, but it comes with many potholes. The first time issue of L1 is a lot easier than any future renewal. When you submitted a business plan and future expansion plan for the original issue , you must follow through on it or risk refusal of renewal. This is a start-up visa so they do expect to see expansion.
Size of premises is a bit ambiguous for them to use as a reason to refuse, maybe your type of business only needs a little room ( as mine does too ).
If you are going to go for an appeal , get your 2009 tax returns to back up your story.
I think the timing of your application was poor, if 2008 accounts were not as good as 2009 , maybe you could have waited until you had 2009 accounts , or even an up to date profit and loss statement.
Write a letter explaining that the economic conditions havent allowed you to expand as quickly as you had predicted. Re-do your business plan and future expansion plans , tell them you had intended taking on extra staff this year. In short blow as much smoke up their butt as you can. Just remember ... if they do allow you another year they will definatley be looking for you to make good on your promises.
All is not lost just yet. Try to address each of their reasons for refusal , and give them clear and concise explanations of why they are misunderstanding your intent.
Having gone through the visa process a couple of times i have learnt that its all about ticking boxes. Government officials do not think , they just follow a procedure or at least the less incompetant ones do. Your renewal did not tick all their boxes, so you need to adjust your case so that it does tick the boxes. Maybe good explanations of your intent will allow them to tick the boxes.
Hope you get some where with this...

[SharE]

I have no words to describe how grateful I am for all of the comments above!!!
Carl - Thank you for sharing your experience! I will try to consult few attorneys here about this way (filling an appeal and than try the GC). Can you please share more of your experience filling an appeal and than try the GC?
CAbound2010 - Thank you for your comments. For now, it looks like I must appeal in order to earn more time here... I can't see a situation of leaving everything here... I will of course leave if I have NO other choice...
Steve - You said it all very clear - Thanks! I wasn't even aware how tough the renewal of this visa is... And I was told by my attorney that I can come on B2 and change my status. she didn't even know that we MUST renew the L1 BEFORE it expired - Can you believe that????
The business has grown since the miserable 2008, and although 2009 was better, 2010 is much better - So I guess I'll need to fight hard on this and do what ever I can to prove it (?). What you said about what needed to be done - Waiting and adding the 2009 annual report has SO much sense but I couldn't see it through the process as I wasn't aware how bad the chances are...
As for the appeal itself... I believe no other person in this world can do better job with trying to prove that their decision was an error since I know my business. However, do you think having an attorney will give me a better chance? I am so burned out from the first attorney - She really messed up everything :(

I would love to hear more thoughts, yesterday I was a broken man, today I can almost smile - Thank you!

[JulieC]

I have known people file for appeal and put in for green card and get through also. But it didnt happen for us so doesnt for everyone. As for appealing the renewal denial and getting through that, you have a slim chance. Our L1 renewal was denied in 2006. We appealed. I was a lawyer in the UK and I read 100 reported cases of appeal against L1 renewal denial at the Administrative Appeals Unit and a very low percentage succeeded, think it was about 4%. It took about twelve months to deny us. We also filed for green card while in appeal as Carl suggests and they turned us down for the same reason as the L1 denial. But as stated, some do get through.
Changing status to E2, horrible visa though it is, would keep you here.

[JulieC]

The other thing to note is that L1 appeal gives you status to file for green card, but does not keep you in status long term. If you get through the green card, you will be fine, but if denied the green card, you will not then have status while the appeal is going through. Please read Carol's story on here. She was denied renewal, never filed for green card, stayed here thinking she was in status right through an L1 appeal, was eventually denied L1 renewal after about 14 months and ended up being told she was a 12 month overstayer and given a 10 year bar from the country. She is now in Dubai. We left the country just before the six month bar to re-enter cut in. It was another 8 months till we heard we had been denied on appeal. But the fact we had left and not stayed meant we were later able to get E2. The consular office questioned us closely on this and said if we had stayed one week longer he would not have been able to give it us.

[Carl]

Julie, you are the only person I know that this has not worked for?
I know many that have.

Carl

[CAbound2010]

Julie, you are the only person I know that this has not worked for?
I know many that have.

Carl

Carl sorry I dont mean to hijack this poor mans thread, are you saying that if an L1 renewal was denied, and you applied for green card that most are successful:confused:
Im not being argumentative in anyway, so i hope it doesnt come out how it reads:hug:
but have you got any stats to back up what you have said:)

[Bayfield]

How is the UK business doing?

[JulieC]

I know of three successful ones, yours being one, Carl, and I think Anniefromessex on here also was, making four. I only know of one other unsuccessful one apart from us.

[Carl]

It actually doesnt apply to him as he is still on B1/B2 and not L1, his denial was for his change of ststus to L1.

Carl.

[SharE]

Julie, I found this forum through your denial post (Google).... I am not sure I have the whole picture regarding your scenario but I really hope you are doing great! Thank you for posting and for replying.
I talked to some people, attorneys and consultants... I have an option to file a new L1 while my B2 is still in status or go with the H1 (the O is also theoretically considered as I am an artist but I understand the qualification are deadly). The L1 process IMHO is not the best option based on the history of the case... So I am considering the H1 (my wife can also file the H1 as we both have a BFA)...

Any thoughts/experience with this Visa dear friends?
I feel a little relieved now...
Thank you!

[CAbound2010]

I dont really know much about the H1 sorry, but it definatley leads to green card:tu:

[Carl]

It has numerical limits and you have to be sponsored.

Carl.

[Carl]

You could also try extending your B1/B2 to give you more time to get you house in order for a L1, but if it gets denied after your I-94 expires then you have no chance of getting an L1 COS.

Carl.

[SharE]

Carl,

That's true with the H1 but I feel that my L1 history will put another L1 try into risk... A lawyer went over the denial with me ans step by step we understood that it may not be the best idea - Still an option but you know, I am trying to see what is the best...
Now, with the H1 indeed, you have a cop but I was told that last year not so many applications were filled comparing to past years due to the economic situation here and she expect it to be close this year (speculations, I know)... Can someone tell anything about it? As for sponsoring, We were thinking about having my wife applying and if we do not find a sponsor we will even try with my own company sponsoring her. I know, it sounds a little strange but she has an enormous success with this Visa...
Anyway - She advised to extend the B2...

Would love to hear your comments.
Thank you!!!

[Bayfield]

For an H

You need an Employer who is prepared to sponsor you, pay the costs etc

The job requires a degree qualification as well as you having them

Next round of applications 1st April for 1st October start.

[SharE]

Bayfield,

Sure, we both have a BFA and we were told we qualified... (still need to send the diplomas to an association for evaluation...)

Thank you!

[CAbound2010]

For an H

You need an Employer who is prepared to sponsor you, pay the costs etc

The job requires a degree qualification as well as you having them

Next round of applications 1st April for 1st October start.

Yeah i thought so too (H1 needing an employer to sponsor you)
I would be inclined to go with Carls option and file appeal to keep them in status, but 'flip' for the green card.
I thought with a H1 they had to go through some labor certification process??

[SharE]

Yeah i thought so too (H1 needing an employer to sponsor you)
I would be inclined to go with Carls option and file appeal to keep them in status, but 'flip' for the green card.
I thought with a H1 they had to go through some labor certification process??

I had the pleasure to speaking with Carl and the GC option is not an option since what was denied was a change of status and not a pure L1 renewal...

Carl?

Thanks

[Bayfield]

An H makes life a lot easier, basically all you need to do is turn up at the Consulate. The Employer's Immigration Lawyer will do the leg work

You do not need a translation for the Consulate, sounds like you have job offers so I can not think of any reason to do it.

[SharE]

Bayfiled,

Thanks.

You can not think of any reason to do it or any reason not to do it?

[CAbound2010]

SharE have you now got an immigration lawyer or will you have a prospective employer engage one for you?

[Bayfield]

It sounds like you do not need it, you have not mentioned any reason to incurr the cost

[Bayfield]

The lawyer is employed by the Employer. She should not need one.

[SharE]

I have few options (other than the one who did the original L1 and the "renewal") and consider them.... One (who was recommended by my sister who did the H1 with her) offered the H1 and had a solid explanation why and how...

[SharE]

Bayfield,

I am not sure I understand your last 2 comments, could you please explain?

Thank you!

[Bayfield]

The Employer has the options...

[SharE]

Right,

Thank you!

[Bayfield]

You have a job offer from an Employer who will sponsor you for a H1B

Employers Immigration Lawyer does the paperwork

Assuming everything is OK you get a notice to go the Consulate for an interview and get the visa.

If you have no done so I would make sure there is something in the contract that after x time they will sponsor you for a Green Card.

[SharE]

Right - I am the employer (well not me but my company...) unless we find another company to sponsor.

I am the business owner and my L1 for my company was denied... Still have a valid company here and think about the options I have do use it... That's again not the best option in the world but maybe the best option for us right now...

Thank you!

Thanks Bayfield,

I assume you commented before I edited my comment above :confused:?

Thanks

[Bayfield]

Right - I am the employer (well not me but my company...) unless we find another company to sponsor.

I am the business owner and my L1 for my company was denied... Still have a valid company here and think about the options I have do use it... That's again not the best option in the world but maybe the best option for us right now...

Thank you!

I PM'd you.

Very tricky situation

Good luck.

[SharE]

I PM'd you.

Very tricky situation

Good luck.

Indeed :(

[Steve in clermont]

Maybe im missing something here .... You have a company with 1 part time employee, and you want that company to sponsor you for an h1b , or possibly even E2 manager. Are they not going to ask who is currently doing the job you are looking to take ? Obviously you cant say you are because you have been refused L1 status, and you cant be working on a B visa. Regardless of qualifications if they believe there is no real job they wont be issuing a visa.
This is becoming more complicated than it should be , and USCIS dont like complicated cases.
If i were in your position , id start up a new corporation switch the business to the new corp and go for a first time L1.
I ave a freind who is a university lecturer and tried to get here on H1B, he was actually offered a job who was going to sponsor him. Even though he had qualifications coming out his ears he still never got it and his job offer was withdrawn.
He ended up coming on the EB5 route... NOTHING IS SIMPLE

[SharE]

Maybe im missing something here .... You have a company with 1 part time employee, and you want that company to sponsor you for an h1b , or possibly even E2 manager. Are they not going to ask who is currently doing the job you are looking to take ? Obviously you cant say you are because you have been refused L1 status, and you cant be working on a B visa. Regardless of qualifications if they believe there is no real job they wont be issuing a visa.
This is becoming more complicated than it should be , and USCIS dont like complicated cases.
If i were in your position , id start up a new corporation switch the business to the new corp and go for a first time L1.
I ave a freind who is a university lecturer and tried to get here on H1B, he was actually offered a job who was going to sponsor him. Even though he had qualifications coming out his ears he still never got it and his job offer was withdrawn.
He ended up coming on the EB5 route... NOTHING IS SIMPLE

Hi Steve, Thanks...

It's not simple at all, I never said it is. I can hear many stories and examples from different people on different people... That's exactly why I posted here: I have now the understanding of why the L1 is that complicated for a small business, I didn't know it before! I know from JudieC and from others that the appeal is almost useless. I think another fresh L1 is also useless.
At the end, I do what I think is best for me based on my situation (It's obvious that people have different opinions for the same problem, that's what I wanted to hear - different stories and opinions). I feel more comfortable with the H1 based on my situation for many reasons. I also do not have the entire puzzle solved but... 1. I am very positive 2. I have a very very good lawyer taking the case now, and I know for 100% that we are going to be fine. I would love to inform when I have news.

Thank you all!!!

[JulieC]

Am I right in thinking you are going to try H1B from your own company on which L1 has been denied???? Kept re-reading this trying to work out if this is what you mean. Very difficult I would say!!! If it was easy to do H1B from your own company, we would all be doing it!!!

[Bayfield]

Am I right in thinking you are going to try H1B from your own company on which L1 has been denied???? Kept re-reading this trying to work out if this is what you mean. Very difficult I would say!!! If it was easy to do H1B from your own company, we would all be doing it!!!

She did not say it was easy.

[CAbound2010]

Am I right in thinking you are going to try H1B from your own company on which L1 has been denied???? Kept re-reading this trying to work out if this is what you mean. Very difficult I would say!!! easy to do H1B from your own company, we would all be doing it!!!

yeah i dont get this either:confused:
But apparantly the H1 is relatively easy to get:confused:if the boxes are ticked which they seem to be, qualification wise.
The only that isnt ticking the boxes is what you said above Julie, how can his company sponsor him for a H, when there theoretically isnt a company:confused:

[SharE]

yeah i dont get this either:confused:
But apparantly the H1 is relatively easy to get:confused:if the boxes are ticked which they seem to be, qualification wise.
The only that isnt ticking the boxes is what you said above Julie, how can his company sponsor him for a H, when there theoretically isnt a company:confused:

Thank you all again for your comments! I highly appreciate every single word!
Currently, we do have other sponsors so we feel comfortable.

We do however have our company in case nothing, nothing works out and I know for fact it worked in the past with the H1... We will not apply this way on April 1st.

[Bayfield]

yeah i dont get this either:confused:
But apparantly the H1 is relatively easy to get:confused:if the boxes are ticked which they seem to be, qualification wise.
The only that isnt ticking the boxes is what you said above Julie, how can his company sponsor him for a H, when there theoretically isnt a company:confused:

H1's can be easy to get, or they can be difficult.

There is a company, there has to be one even to consider the process.

[Susie]

Hi all,

As I am writing these words, I am exhausted, terrified and sad.
I received my L1 renewal denial 10 days ago and can't find any comfort since than.
In August 2008 I received my L1 approval. I opened the company a year earlier, in 2007. As things progressed, I didn't move to the US when I had the L1 approval since I needed to keep both the company abroad and pushing the company here in the US in these crazy global recession time. It was hard.
My L1 Visa was expired on August 25th 2009. In the second half of 2009 The business really started climbing and we (my wife and I) decided to move to the US. Apparently we made a huge mistake as we entered with our B2 knowing from our attorney that we can try to renew our L1 Visa from here and ask for a change of status. We filled the renewal and received a request to submit more documents that show that the company was growing and submitted them soon after the request.... Than we received the denial. The denial form is detailed and includes lots of reasons why the petition was denied but shortly:
The USCIS can not see the growing of our company to be sufficient to support a managerial position based on annual report from 2008. They completely ignored the new contracts the company achieved for 2009 and 2010 (It's a small company but developing). The other very important issue is the change of status from B to L1: although not working since we arrived, my accountant filled a tax report for the last quarter of 2009 showing payments for taxes payed on this period time however for payments that I received when the L1 was in status - A total disaster. So they think we were working illegally while we were on a B status. They also asked pictures of the building/ office and thought the office is too small for a corporation.
I had just one employee on a very small salary. The denial also spots that as a manager I didn't hire an employee to supervise however I payed freelancers per jobs.
I have a chance to appeal within 33 days from receiving the denial ("if you disagree with the decision, or if you have additional evidence you believe shows the decision to be an error you may appeal........") on February 8th 2010.
Going over the denial I know some information is incorrect and more important I understand the this type of visa may be suitable for big companies but will they be willing to listen? Can I approve that the business has a bigger office? New employee/s?
I had a second opinion from a lawyer saying that the case is dead but I refuse to raise hands. By this time I completely neglected the business overseas and I really can't go back to that emptiness. My son is adjusted here already in school and again, I have contracts with clients and a very good beginning here....
Can someone share any info on the chances of the appeal (I am sure it depends on lots of aspects)? How much time does it takes?
Can we stay here while the appeal is in process?
Can we go back to our country and try a different Visa or file for a new L1 quickly (can't even imagine how this will effect the kids)?

We see our dream falling apart and we are totally terrified.
Thank you!

Hi
So sorry to hear of your news, It does seem there a a few options for you to try,

As Carl says if you appeal at least you will be in status , but I am not sure if you will be able to obtain work autho so I would seek further legal advise.

If you have any funds available to buy a biz or start a new corporation then the dependent L2 (although denied) could change status from a B visa to E visa

There is a not for profit organization www.cliniclegal.org you can book an appointment for a nominal sum and they can go through your options

please keep us updated

[JulieC]

Hi
So sorry to hear of your news, It does seem there a a few options for you to try,

As Carl says if you appeal at least you will be in status , but I am not sure if you will be able to obtain work autho so I would seek further legal advise.

If you have any funds available to buy a biz or start a new corporation then the dependent L2 (although denied) could change status from a B visa to E visa

There is a not for profit organization www.cliniclegal.org you can book an appointment for a nominal sum and they can go through your options

please keep us updated
Appeal does not give you work authorization, they took ours away. But the OP didnt have one anyway as they were on B2 at the end. Our appeal took over a year. Personally I would start again and re-boot then re-file for whatever. That is what we did. Left for 9 months, then came back with a different visa. Had no problems. Had we have stayed during appeal we would have got a 10 year bar like Carol did. I dont believe you will get through appeal with a company with just one part time employee and some subbies. They want to see a number of staff, an organizational structure with a manager. We got the same denial clause as you with 5 staff members on W-2!!! I dont believe the company is big enough to sponsor you for H1-B either. Just a personal opinion. Best bet would be to to re-file for L-1, or even E-2.

[peter gold]

I had decided to keep out of this as I did not agree with the posts above
However I agree 100% with Julie's post Do NOT appeal

[SharE]

No appeal, no reason like many said- Furthermore It will NOT keep us in status, we checked it.
No new L1, our company is too small for that.
We found a great company that will sponsor my wife (H1b). I know I can't work with her H1b (do not remember what I have as a husband H1b4 or something) but we can still live here. And that was the dream.
All is clear.

Thanks again!

[Bayfield]

H4

[JulieC]

Why dont you change to E2 with the original L1 company?? Then you could carry on doing something as well. It can take years to get a green card with H1-B but you can do it that way so the fact that E2 doesnt lead to green card wouldnt be relevant.

[kebab king]

Why dont you change to E2 with the original L1 company?? Then you could carry on doing something as well. It can take years to get a green card with H1-B but you can do it that way so the fact that E2 doesnt lead to green card wouldnt be relevant.

Very good point Julie.

[Steve in clermont]

I think i got it now .... they have a company willing to sponsor , so its a case of sit and wait .... appeal wont keep status because they never had status in first place. They will have to go back home , try to run their company from abroad while waiting for H1B approval.
Thinks that a fair summary ...!!!! ????

Dont get caught running that biz on a B visa , coz you can kiss the H1B goodbye if you do...

[Bayfield]

Yes

[JulieC]

Appeal wouldnt keep them in status anyway regardless. Changing status B2 to E2 would keep them in status. He would be the E2 holder, she would get H1B and eventually file for green card, but he would be able to run the business still ( which he couldnt on H4) while they are waiting which could be years. Am not a fan of E2 but this time I think it works??

[SharE]

Thanks Julie, you are pointing something interesting (E2). I will check it tomorrow with my attorney.
As for "running" the business... As an owner I can still visit and have meetings, can't work, no money but an owner can still enter on a B status for business. The most important thing in our company is the working relations we gained here. I traveled back and forth (for about 2 years) before I had the original L1 and have entered on B status for business knowing I have to get to see people and push some buttons before I can come here on L1 (again, B is a visa for pleasure and business).

The company was active than using contractors and we now need to go back to those days unfortunately but it can still stay on fire without us working for it.
As for going back until we get the H1? We considered it a lot of course and we see no financial reason to do so, it'll cost us more to go back and come again. The only thing I checked very carefully with my attorney is the legal aspect - If there is any problem to stay on a B status while we go for the H1b and she clearly said no. I wanted to wait for the GC knowing it's almost the only option (again, I do not see the L1 an option anymore) to finally be able to work in our company, however what Julie mentioned worth checking. I can also see if I can one day have a company that can sponsor me so I can work here and will not depend on my wife. We will then consider I guess, if there is any reason to keep our company alive...

Oh, something to clarify: We are going to try and extend our B visa in order to stay here until the H1b is approved, that will keep us in status. Never had any thought of staying here a day out of status (Steve, I guess that may be the only correction to your summary :))

[Bayfield]

I think you have misunderstood some things and need to talk with your Lawyer.

[Susie]

No appeal, no reason like many said- Furthermore It will NOT keep us in status, we checked it.
No new L1, our company is too small for that.
We found a great company that will sponsor my wife (H1b). I know I can't work with her H1b (do not remember what I have as a husband H1b4 or something) but we can still live here. And that was the dream.
All is clear.

Thanks again!

H 1 B have numerical limits, I think there is a max of 65,000 visas granted per year

The employer cannot even begin to sponsor until around April 2010 for a start date of Oct 2010. Your employer should file in a strict timely fashion as I have know all visa's gone within 24 hours in the past of the date your are allowed to file

Please investigate further

[CAbound2010]

I think you have misunderstood some things and need to talk with your Lawyer.

Bayfield, Im not too clued up on this! (H visa malarky) But that was EXACTLY! what I was going to say.
I thought you could ONLY extend a B visa at your consulate, ie the embassy, not from within the United States?
Although this might be wrong?

[Carl]

Thanks Julie, you are pointing something interesting (E2). I will check it tomorrow with my attorney.
As for "running" the business... As an owner I can still visit and have meetings, can't work, no money but an owner can still enter on a B status for business. The most important thing in our company is the working relations we gained here. I traveled back and forth (for about 2 years) before I had the original L1 and have entered on B status for business knowing I have to get to see people and push some buttons before I can come here on L1 (again, B is a visa for pleasure and business).

The company was active than using contractors and we now need to go back to those days unfortunately but it can still stay on fire without us working for it.
As for going back until we get the H1? We considered it a lot of course and we see no financial reason to do so, it'll cost us more to go back and come again. The only thing I checked very carefully with my attorney is the legal aspect - If there is any problem to stay on a B status while we go for the H1b and she clearly said no. I wanted to wait for the GC knowing it's almost the only option (again, I do not see the L1 an option anymore) to finally be able to work in our company, however what Julie mentioned worth checking. I can also see if I can one day have a company that can sponsor me so I can work here and will not depend on my wife. We will then consider I guess, if there is any reason to keep our company alive...

Oh, something to clarify: We are going to try and extend our B visa in order to stay here until the H1b is approved, that will keep us in status. Never had any thought of staying here a day out of status (Steve, I guess that may be the only correction to your summary :))

sharE

I am confused now, you said in the above post (before I had the original L1) Is your denied application a B1/B2 Change of status to an L1 or is it an L1 renewal? Do you already have an L1? There is a huge diference.

Carl.

[Kriz1]

My husband could not get his H1B while being in the USA..he had to leave the country very quickly...can you stay if you have another visa like the E2..and are changing to an H1B...I must say this is making my head spin..

[Bayfield]

The first thing they want to do is extend their current B visit.

You have to have a good reason, like not being able to travel and a Doctors letter to prove it.

I guess my main concern is that there seems to be 'red flags' all over the place. And we know that if it does go **** up then the consequences can be nasty.

I am concerned about the quality of legal guidance.

[Bayfield]

sharE

I am confused now, you said in the above post (before I had the original L1) Is your denied application a B1/B2 Change of status to an L1 or is it an L1 renewal? Do you already have an L1? There is a huge diference.

Carl.

There was never a L.

[SharE]

There was never a L.
There was never an L?????:angry:

[JulieC]

Thanks Julie, you are pointing something interesting (E2). I will check it tomorrow with my attorney.
As for "running" the business... As an owner I can still visit and have meetings, can't work, no money but an owner can still enter on a B status for business. The most important thing in our company is the working relations we gained here. I traveled back and forth (for about 2 years) before I had the original L1 and have entered on B status for business knowing I have to get to see people and push some buttons before I can come here on L1 (again, B is a visa for pleasure and business).

The company was active than using contractors and we now need to go back to those days unfortunately but it can still stay on fire without us working for it.
As for going back until we get the H1? We considered it a lot of course and we see no financial reason to do so, it'll cost us more to go back and come again. The only thing I checked very carefully with my attorney is the legal aspect - If there is any problem to stay on a B status while we go for the H1b and she clearly said no. I wanted to wait for the GC knowing it's almost the only option (again, I do not see the L1 an option anymore) to finally be able to work in our company, however what Julie mentioned worth checking. I can also see if I can one day have a company that can sponsor me so I can work here and will not depend on my wife. We will then consider I guess, if there is any reason to keep our company alive...

Oh, something to clarify: We are going to try and extend our B visa in order to stay here until the H1b is approved, that will keep us in status. Never had any thought of staying here a day out of status (Steve, I guess that may be the only correction to your summary :))

I dont think they will let you extend your B status without good reason and not the one you are thinking of!!!!! You are going to red flag yourself even applying. They will know you have been denied L1!! Be very careful here, you are dropping off the rails. Once you drop off the rails, there is no way back on again. Ask one who knows ,we dropped off the rails, everything you do from then on makes matters worse. We had an immigration attorney, supposedly a good one, and still got in a huge mess such that only leaving the country and re-booting totally sorted it out.

Start thinking about changing to E2 if you really just ( at the moment) want to stay and run your business. You wont be stuck on it for life. Do it in your name, your wife can do H1B later. That will keep you in proper status.

[Bayfield]

No indication as to whether an E2 would be viable.

I am not going to guess.