# L1 Reject Now What?



## ujva2000 (Apr 29, 2008)

In July of 2008 on my recommendation my company based in Dubai, UAE agreed to buy a flourishing retail business in the US and also advanced a substantial amount as a token towards buying the same. Subsequently, it was decided that I would be transfered to manage its operations as our comapany had already established (incorporated) a wholly owned subsidiary earlier this year in the US. Unfortunatly, the L1A petition filed on my behalf by the company first received an RFE and then was denied. The reason is yet to be known. Now my company is presurising me to go to the US on my B1/B2 Visa immediately and apply for COS from there. I am preturbed and have following questions:

1. Is COS better to Counsular Processing?

2. Will I be able to rent an apartment on my Visitors visa?

3. How long does the COS in matters of L1 visa take to process?

4. What are the procedures and can I legally stay beyond my stated period on I-94 while the case is in process?

5. If denied will my stay beyond one that's mentioned on the I-94 be an hindarance in my travel to the US next?

6. What will be the status of my B1/B2 if the COS is approved?

I cant say no to my boss because at my behest my company invested this substantial sum in buying this US corporation. Also I have recently bought into the company's stake. 

Am in Dilemma please, help.


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## Tiffani (Dec 4, 2007)

The first thing I would do is pressure their immigration attorney for more information.

What did the USCIS/Embassy ask for in the RFE? Was it then provided within the specified time-frame? Can you have a copy of the documentation of rejection? 

I have never seen an RFE that didn't ask for specific information, nor a rejection letter that didn't specify the reason for the denial. 

Now for your questions:

1. COS vs consular processing: I would personally go with the latter given the choice. A COS can be more time-consuming.

2. renting an apartment: This probably won't be a huge issue although you may be limited to the amount of time you can actually lease the place; you are likely to be constrained by the end date of your status.

3. not sure

4. It's my understanding that if you are in the process of changing status whilst in the US, you may remain even after the I-94 has expired; however, I am not 100% on this (most of the people I dealt with had I-94s without specific end dates) so someone else can confirm

5. If you are still legally in the US because of a change of status that is then denied, it shouldn't affect you in the future. But again I can't confirm that.

6. You will still have the visa stamp in your passport for future entries on a B1/B2 visa, but you will have changed your status to L1 which would mean that in order to switch back to a B visa you would have to apply for another CoS or preferably leave the US and re-enter in B status.


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## Bevdeforges (Nov 16, 2007)

Wow, I would be extremely cautious if I were you. There are those on the forum who have far more experience with the various sorts of visas and visa processing, but I do know that a COS can be very difficult to obtain, particularly if you've been denied an L1 for what amounts to the same job/reason.

In essence, if you go over on a B1/B2 and then apply for a COS, you've lied to the immigration officer at the port of entry about the nature and duration of your stay. They take that sort of thing very seriously.

Let's see what fatbrit or someone else with some recent experience has to say, but I'd advise you to move with extreme caution.
Cheers,
Bev


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## kaz101 (Nov 29, 2007)

Hi ujva2000, 

You had two almost identical threads running at the same time with replies from different users so I've merged the threads together so you have the replies in the same place 

Regards,
Karen


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## Fatbrit (May 8, 2008)

Bevdeforges said:


> Let's see what fatbrit or someone else with some recent experience has to say, but I'd advise you to move with extreme caution.


I ain't touching this one with a bargepole! You have presumably a lot of money tied up in the venture. Use an experienced immigration lawyer who owes a fiduciary duty to you, and to you only! 

AILA's Immigration Lawyer Search


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## ujva2000 (Apr 29, 2008)

*Lawyers don't have magic wands!*

:


Fatbrit said:


> I ain't touching this one with a bargepole! You have presumably a lot of money tied up in the venture. Use an experienced immigration lawyer who owes a fiduciary duty to you, and to you only!
> 
> I quote from one of your earlier posts 'Lawyers don't have magic wands'. We have already been held hostage by one set of so called immigration lawyers who charge hefty fee and dont owe up to their failed resposibilities. I am in this forum so that folks like you who have been through this mess earlier can enlighten me on various option and keep me sufficiently informed and prepared tp deal with these wily sorts (read: lawyers) again. Please, I need your help, what ever a useful information you can pass on will be helpful at this stage. I will be homeless soon as I have aborted my lease here in Dubai as my attorney had garunteed the approvability of my petition.


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## Tiffani (Dec 4, 2007)

sounds like your attorney was a bit sketchy. No attorney should be able to "guarantee" approval of your visa


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## Bevdeforges (Nov 16, 2007)

To put it bluntly, you're stuffed. No attorney can guarantee an outcome - especially on immigration matters. If he "guaranteed" a successful outcome, the least he can do (for whatever you've paid him to date) is to try and find out the reason why the L1 was denied. (Though I think I read somewhere that they don't have to give a reason if they don't want to.)

Knowing what the problem was would at least give you some idea how to proceed. It's entirely possible that it wasn't YOU that they rejected, but your employer (didn't meet the requirements to be able to do L1's or has had problems in the past with other visas applied for, etc.).
Cheers,
Bev


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## Fatbrit (May 8, 2008)

ujva2000 said:


> :
> 
> 
> Fatbrit said:
> ...


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## twostep (Apr 3, 2008)

Let's rehash this.

You sold the idea of US expansion to your company without having your ducks in a row. Even common sense suggests that an application is an application - nothing else. The monkey is on your back and you are trying to get rid of him. I have never heard of a visa being denied without the reasons being given.


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## synthia (Apr 18, 2007)

Well, you can't apply for an L1 without the company expansion, so you sort of have to get the expansion approved and set up first. That whole sequence is possibly where it all went wrong. If the problems were on your company's side, fixing them might give you a better chance, but as stated above, you really need a good lawyer. And if you start hearing words like guarantee and no problem, run.


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## ujva2000 (Apr 29, 2008)

The denial notice says 'Qualifying Link not established'. But, the fact is our US corporation is 100% subsidiary of my Dubai, UAE based HQ. We also submitted the Companies Inc. certificate but, now they want to see the share certificates/ holdings of our US Inc. 

I fail to understand why could they not mention this in the RFE notice? We complied to every one of their requirements mentioned in the RFE. 

Now, I have 2 options: 1) Appeal 2) Re-apply.

Btw please, guide me on my option on B1/B2 Visa. 

*A] Can I open a Bank account on my companies behalf in the US to facilitate fund transfer for the complete buy-out?* We have the EIN no. but, I for obvious reasons do not have the SSN.

*B] Can I rent an apt. for upto 6 months (presumably I-94 Limit) without SSN?*

*C] Can I receive my perks in form of Honorarium instead of pay for my services rendered after the take-over of the US enterprise?* 
*
D] Our company in the US was incorported in April 2008 by US Immigration and Accounting standards what constitutes One year of running operation mean? Does that mean that in March 2009 my company will have the one year completion status or one year from complete buy-out of the busness?*


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## Bevdeforges (Nov 16, 2007)

It's not at all clear from what you've told us so far whether you're setting up a US subsidiary or buying an ongoing US based business. But it sounds as if the INS wants to see one year of "running operation" it means that the subsidiary needs to be up and running - doing whatever it's supposed to be doing - for a year.

There is no reason you can't set up a bank account in the company's name in the US. The EIN is really all you need. But it sounds like you could use legal advice on the US side of things.

Receiving your perks in kind rather than in cash is possible, but "honorarium" or no, it's all taxable income as far as the IRS is concerned - which begs the question of whether or not you're working in the US. Assuming you're allowed into the US for six months, you can certainly rent an apartment - but you will have to return home at the end of that time. (To apply for a change of status implies that you originally entered the US with the intention of setting up residence there - and that WILL cause you problems on both the tax and immigration fronts.)

You need more intense advice than I think is available on a forum like this one. Perhaps your legal counsel in the US (for the set up and/or purchase of the business there) can refer you to someone who could handle the immigration side for you. These are very touchy issues.
Cheers,
Bev


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