Immigration Law

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My stay on B1 is about to expire in a week. I'm applying,

Customer Question
My stay on B1...

My stay on B1 is about to expire in a week. I'm applying for L1

Lawyer's Assistant: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?

Yes, I've been talking to a couple of lawyers

Lawyer's Assistant: What advice did they give you?

To go ahead with the filing and that USCIS would grant an extension on the stay while the VISA is being processed !

Lawyer's Assistant: OK. The Immigration Lawyer will need to help you with this. Is there anything else the Immigration Lawyer should be aware of?

Nothing specific, I've a startup in India and I've incorporated an entity in the US

Submitted: 2 years ago.Category: Immigration Law
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Answered in 7 minutes by:
3/1/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,759
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

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.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,759
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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