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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94127
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello, Ogangi Corporation (a Delaware Company established

Resolved Question:

Hello,
Ogangi Corporation (a Delaware Company established in 2001, with main office in Miami) needs to relocate an employee of Ogangi Venezuela (wholly owned subsidiary of Corp) from Venezuela to Miami. He has been with the Company, without interruption, for more than 10 years. He has a wife and 3 kids that would need to relocate with him.
We have already prepared form I-129 to apply for a L1-B visa. We plan to do the process without the services of an immigration lawyer. In trying to e-file we found that there is not e-file option for that particular form but there is for form I-140 that would give him a Green Card (much better than than the L1-B). Should we file the I-140 instead? or should we continue with the I-129 L1-B process? In either case we also plan to file Form I-907, this is a good option, correct?
Thanks.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


What is the type of job that he will be doing in the U.S.? What level of education does he have? What level of education does the job require?
Customer: replied 11 months ago.

Answering your questions with Copy/Paste from the filled form I-195:


CURRENT JOB DESCRIPTION


Operations & QA Manager


As the Operations & QA Manager at Ogangi Francisco handles 24x7 hardware, software, networking and monitoring activities in our datacenters. He is also responsible for Quality Assurance of all Ogangi products and services prior to reaching customers. The duties include: • Installation, configuration and administration of UNIX/Linux servers in both the Amazon (AWS Web Services) cloud and Verizon Terremark Miami datacenter. • Setup and management of all Ogangi connectivity with mobile operators and customers worldwide. This includes connection to mobile operator's text messaging platforms (SMSC) and customer's systems through secured Internet connections (VPNs). • 24x7 monitoring and third-level escalation level to any customer support situation involving connectivity. • Database administration of all production Oracle databases supporting Ogangi's products and services. • Capacity planning for servers, network bandwidth, databases and storage. • Administration of Ogangi's internal infrastructure services: DNS, email, LDAP, tickets platform, webmail and backups. • Final sing-off in the approval of products and services going into production.


WHY NEEDED IN THE US


Similar activities, but as Ogangi's business is growing so are our customers demands in terms of Service Level Agreements (SLA) in the provisioning of services. Francisco will need to be more active in the local Verizon Terremark datacenter (http://www.terremark.com/data-centers/americas/nap-americas.aspx), and also with customers such as http://www.syniverse.com/ and http://www.us.telefonica.com.


EDUCATION & EXPERIENCE


August 2009 - Present: Operations & QA Manager at Ogangi Corporation. August 2007 - August 2009: New Technologies Team Lead at Ogangi Corporation. September 2002 - August 2007: Senior Member of Technical Staff at Ogangi Corporation. August 2001 - August 2002: IT Consultant at Manapro Consultores. May 2000 - August 2001: Project Manager at Graffitix.com September 1998 - January 2000: Programming and Operating Systems Professor at IUTIN. July 2000: Sun Certified Java Programmer September 1994 - July 1998: Department of Physics at Universidad de Los Andes.


SPECIFIC QUALIFICATIONS INCLUDE:


• Bachelors Degree Computer Science, or Engineering – MBA is not


mandatory, but a plus.


• 5+ years of successful software technology management experience.


• Superior written and oral communicator who is a strong, out-going leader


and builder of consensus.


• Located in Miami, Florida.


 

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
I have to step out for a few hours to go to a funeral, but I think you need to take a look closely at the L-1B category and explain why he has specialized knowledge that no one else in the U.S. can do. The L-1Bs are some of the hardest to get. If you like, you can also take a look at the L-1A if he is actually a high level manager that supervises other managers. Here are links to both and we will continue to discuss then when I get back. Sorry for the inconvenience:


http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bfd10b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=bfd10b89284a3210VgnVCM100000b92ca60aRCRD




http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=64d34b65bef27210VgnVCM100000082ca60aRCRD&vgnextchannel=64d34b65bef27210VgnVCM100000082ca60aRCRD

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
I am back, so does your employee qualify for L-1A or L-1B and why?
Customer: replied 11 months ago.

Thanks for the comments on the L-1A, we had not considered it before. How about the I-140 application?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
In which of the categories do you believe he will fit in for the I-140? Do you know which ones they are?
Customer: replied 11 months ago.

my answers in [*OA:*] below:


 


To qualify for L-1 classification in this category, the employer must:



  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and

  • [*OA: he does. Ogangi Venezuela (his current employer is a wholly owned sub of Ogangi Corp*]

  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

  • [*OA: Ogangi Corp does business in Puerto Rico, Caribbean ... with wholly owned subs in México, Venezuela and New Zealand*]


Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.


To qualify, the named employee must also:



  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

  • [*OA: his been an Ogangi employee for more than 10 years*]

  • Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

  • [*The employee (Francisco) has an unique knowledge of the configuration/operation of all Ogangi's data centers. His know-how and day-to-day contribution is critical to keeping the company's lights on. He also manages all connectivity with Mobile Operators which is the bread-and-butter of Ogangi's business. He is the Company's Database Administrator with deep Oracle knowledge, he masters both UNIX and Linux, the operating systems of all Ogangi servers. He is our Chief Security Officer. He masters this general IT knowledge in conjunction with Ogangi's own proprietary technology.*]


Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
No, I mean for the I-140. Would he be in EB-1, EB-2, or EB-3? I doubt he would qualify for EB-4 or EB-1. Here is a link so you can read about the categories:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cdfd2f8b69583210VgnVCM100000082ca60aRCRD&vgnextchannel=cdfd2f8b69583210VgnVCM100000082ca60aRCRD

Customer: replied 11 months ago.

I think the only option is EB-3: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=74da83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=74da83453d4a3210VgnVCM100000b92ca60aRCRD

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
I would agree, but I wanted you to make the determination for yourself. Now take a look at this link:


http://www.travel.state.gov/visa/bulletin/bulletin_6028.html

You will notice a date on the 2nd chart under the EB-3 section and that is 01JAN09. This means that only I-140s filed on or before January 1, 2009 can now be used to immigrate to the U.S. So if you filed for your employee now in 2013, it will take about 4 and a half years or so for 2009 to get to 2013. I am truly sorry but that is a waiting line of people that have applied before him and nothing in the law allows for anyone to jump ahead of anyone else, not even in an emergency. So basically, if he wants to come to the U.S. and stay, he would need an L-1A or L-1B to start him off and give him legal status and then you file the I-140 (or file it at the same time) and he would be able to have legal status in the U.S. on the L which he waits the 4 to 5 years for the I-140 process.



Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 11 months ago.

One last comment, based on the info provided, your recommendation between applying for a L-1A or L-1B?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
If he is a manager or supervisor that manages or supervises other managers and/or supervisors, then the L-1A is easier. But he has to be a high level mananger overseeing other managers. If he is not, then his next option would be the L-1B. The L-1A is easier to get than the L-1B and the L-1A can be extended longer than the L-1B. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94127
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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