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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29006
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My stay on B1 is about to expire in a week. I'm applying,

Customer Question

My stay on B1 is about to expire in a week. I'm applying for L1
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes, I've been talking to a couple of lawyers
JA: What advice did they give you?
Customer: To go ahead with the filing and that USCIS would grant an extension on the stay while the VISA is being processed !
JA: OK. The Immigration Lawyer will need to help you with this. Is there anything else the Immigration Lawyer should be aware of?
Customer: Nothing specific, I've a startup in India and I've incorporated an entity in the US
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

An L1A for a start-up is heavily scrutinized by the USCIS. What you have going for you is that you entered on the B1 showing you were intending to come here to establish the investment opportunity for the US subsidiary or branch.

USCIS wants evidence of how large is your company in India - number of employees and how long has it been in business. Also it is strongly suggested you include an organizational chart with the name of key positions and the job duties, including yours.

You will be allowed to remain in the US while the request for a COS and EOS is pending but it is not an extension of stay. You are allowed to remain pending the adjudication based on the authorization of the attorney general.

Since you would be in an expired period of stay because your I-94 has expired, if the petition is denied your B1/2 is automatically voided under INA 222g and you would have to apply for a new visa back in your country.

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