can anyone advise??

[tracifrost]

I am here on the L1A visa and my hubbie obviously the L2, so i have my corporation up and running etc.
He has just recently set up a corp here so two entirely separate corporations, so what i want to know here, (as there seem to be a few members of this forum that know what they are talking about!!)
1) if his business is sucessful here in the US in the first year, can he renew his E2 on the strengh of his corporation alone. so that theoretically, we have two pieces of the cake when it comes to renewal of second year (ie better chances) or does he convert to a H visa i really have no idea here.
2) also does anybody know, how long you are given if any for what i could think of as a 'grace period'. Which say after you apply for a renewal and it is refused, you are allowed in the country before you have to leave?
thanks guys couple of questions and curious.

[peter gold]

Answer to question 2 is 90 days
I defer to others on L1 L2 visas

[fatbrit]

On Q1, I'd say you need a very experienced attorney. I would have thought that he could run a corporation solely on his EAD. Care should certainly be taken choosing the structure of the corporation -- some forms may not be allowed! At the moment he is on a "dual-intent" visa. If he were to apply for an E2, he would be applying for a "non-immigrant" visa. This alone rings enough alarm bells to suggest you need competent professional advice well beyond the abilities of laypeople.

On Q2, I'd say ASAP. 90 days could be pushing your luck. Certainly for H1b, the most often quoted period is 30 days.

[Bobby]

I am here on the L1A visa and my hubbie obviously the L, so i have my corporation up and running etc.
He has just recently set up a corp here so two entirely separate corporations, so what i want to know here, (as there seem to be a few members of this forum that know what they are talking about!!)
1) if his business is sucessful here in the US in the first year, can he renew his E2 on the strengh of his corporation alone. so that theoretically, we have two pieces of the cake when it comes to renewal of second year (ie better chances) or does he convert to a H visa i really have no idea here.
2) also does anybody know, how long you are given if any for what i could think of as a 'grace period'. Which say after you apply for a renewal and it is refused, you are allowed in the country before you have to leave?
thanks guys couple of questions and curious.

Hi Traci,

If your husband entered the country on the strength of an L-2 connected to your corporation, then that's the visas that both of you will renew.
To open another corporation in his own name constitutes deviation from your husband's role within your corporation, assuming that you had your husband's role in the company in your corporate organisational chart or the like, when you applied for the L-1A ?

Just my opinion, but I think you're swimming with the sharks if you get here then "do your own thing!" They don't like that at all.

Bobby
_____________________________________________
My lawyer's a bitch, ....and I like that!

[lorraine]

Hi I agree with Bobby I was told that we were not allowed to set up any other corportations and that we had to stick with the L1 and and L2 which enabled one of you to have work authorisation only. I would be very careful if you are doing anything else. kind regards Lorraine

[tracifrost]

hi guys thanks for the advise, the new corp that we set up is a subsidary of the one we set up initally for my L1A, so no probs there, i am still doing what i came over here for and he is doing a completely separate thing, but under the umbrella of my corporation,
thanks guys

[Bobby]

i am still doing what i came over here for and he is doing a completely separate thing, but under the umbrella of my corporation,


To me, ....and this is just an opinion, I don't think that this is the best way for you to go forward if you are trying to cover all bases for visa renewals.

If you are doing what you're doing to make more money, then do what you have to do, but if it's for immigration purposes, I'd get a bit of advice from USCIS first, or (if you have to!) an immigration lawyer.

Going back to what I'd originally said earlier in the thread, if your husband arrived as the L-2 under your corporation, I can't really see how he can viably start his own corporation "under your umbrella" without it being a deviation from the original plan ???
Only YOU know your full circumstances, and perhaps you have everything in order. Perhaps not. The fact that you asked the question in open forum spells that you are unsure yourself, so I would check it out.

Regards,

Bobby
_________________________________________________
PS. I am not a lawyer. I work for a living. :)

[tracifrost]

thanks bobby will do