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Old 12-04-2003, 06:03 AM   #1 (permalink)
Maro
 
Posts: 19
Default open a company and L visa

I have a friend who has companies in China and wants to open a company in
the states in order to get immigration status finally. We heard if he
applies for L1A visa first then after 3 years he can apply for green card.
And he can sponsor other people to get green cards on L1B visas too. He can
invest around 500k USD in medical instruments related business. If he starts
the application process in January 2004, which state/city will be faster to
get L1 visa and green cards? Also I'm on my OPT time right now till July
2004. If he hires me and sponsor me, will I be able to stay in the states
after my OPT time? Can I work part/full time for another company in my area?
Can I enroll in school as a full/part time student? Do I have to stay at the
same place where the company locates? He has multi-entry business visa till
March 2004 to enter the states.

thanks
 

Old 12-04-2003, 06:58 AM   #2 (permalink)
Supernav
 
Posts: 432
Default Re: open a company and L visa

    >the states in order to get immigration status finally.



If he has no visa/gc he can't do that. He can register a company -- but
can't work for it.



Plus you can "self-sponsor" yourself for any visa either.



    >applies for L1A visa first then after 3 years he can apply for



With L1A you can apply for a GC right away,a nd there's no LC to
go through.



But the L1A is for intra-company EXECUTIVES who have min. requirements
of proof at the consulate. Revenue, employed for X # of years,
professional experience, operations in the US, etc. etc. etc. Lot of
requirements that if you don't prove it correctly -- will wind up
getting denied. Canadian Citziens can apply right at the POE and the
req's are a lot easier -- but for others it's through the service
center's, and a lot stricter. Albiet it -- every indian programmer and
their mother is coming here on L1B's these days and working for $8/hr.



    >And he can sponsor other people to get green cards on L1B



Any company can. Anyone can get an L1B these days. I know of a few
L1B's here making $30k per year.



    >He has multi-entry business visa till

    >March 2004 to enter the states.



It has to be a legitimate business, and you have to have a legitimate
job (for l1b or h1b).



They're gonna want to see US business tax returns, revenue, whole bunch
of stuff. Easier said then done. Otherwise everyone would just
register a business at city hall and then apply for l1b's and L1a's.



-= nav =-

__________________
Posted via http://britishexpats.com
 
Old 12-04-2003, 03:31 PM   #3 (permalink)
Maro
 
Posts: 19
Default Re: open a company and L visa

so that means he can register a company but he can't get a L visa for
himself? but can he get it for me or other people?

the company will operate normally and do tax and everything. but i heard
after u get L visa, you have to wait to get green cards depending on
different location, the waiting time is different. thats why i want to know
where to open it. anyone has an idea?



"supernav" <member16283@british_expats.com> wrote in message
news:...
    > >the states in order to get immigration status finally.
    > If he has no visa/gc he can't do that. He can register a company -- but
    > can't work for it.
    > Plus you can "self-sponsor" yourself for any visa either.
    > >applies for L1A visa first then after 3 years he can apply for
    > With L1A you can apply for a GC right away,a nd there's no LC to
    > go through.
    > But the L1A is for intra-company EXECUTIVES who have min. requirements
    > of proof at the consulate. Revenue, employed for X # of years,
    > professional experience, operations in the US, etc. etc. etc. Lot of
    > requirements that if you don't prove it correctly -- will wind up
    > getting denied. Canadian Citziens can apply right at the POE and the
    > req's are a lot easier -- but for others it's through the service
    > center's, and a lot stricter. Albiet it -- every indian programmer and
    > their mother is coming here on L1B's these days and working for $8/hr.
    > >And he can sponsor other people to get green cards on L1B
    > Any company can. Anyone can get an L1B these days. I know of a few
    > L1B's here making $30k per year.
    > >He has multi-entry business visa till
    > >March 2004 to enter the states.
    > It has to be a legitimate business, and you have to have a legitimate
    > job (for l1b or h1b).
    > They're gonna want to see US business tax returns, revenue, whole bunch
    > of stuff. Easier said then done. Otherwise everyone would just
    > register a business at city hall and then apply for l1b's and L1a's.
    > -= nav =-
    > --
    > Posted via http://britishexpats.com
 
Old 12-04-2003, 04:38 PM   #4 (permalink)
Supernav
 
Posts: 432
Default Re: open a company and L visa

He can register it. But if he can't be here to work the company, how
can it generate revenue? You have to show a lot of paperwork for other
L1B applications. Just including a photocopy of a business license
isn't going to cut-it.



L1A can get you a gc. L1B is just like a H1B w/o a lot of the
restrictions and wage restrictions. However, it's a non-immigrant visa
-- so it won't get u a gc.



Remember. You have to work for his *foriegn* company for at least a
year and show paystubs, etc. Plus you can't file for it while in the
US. You have to go back home.



-= nav =-



Originally posted by Maro

    > so that means he can register a company but he can't get a L visa for

    > himself? but can he get it for me or other people?


    > the company will operate normally and do tax and everything.
    > but i heard

    > after u get L visa, you have to wait to get green cards depending on

    > different location, the waiting time is different. thats why i
    > want to know

    > where to open it. anyone has an idea?




    > "supernav" <member16283@british_expats.com> wrote in message

    > news:"]news:1098661.1070524-
    > [/url]...

    > > >the states in order to get immigration status finally.

    > > If he has no visa/gc he can't do that. He can register a
    > company -- but

    > > can't work for it.

    > > Plus you can "self-sponsor" yourself for any visa either.

    > > >applies for L1A visa first then after 3 years he can apply
    > for

    > > With L1A you can apply for a GC right away,a nd there's no LC
    > to

    > > go through.

    > > But the L1A is for intra-company EXECUTIVES who have min.
    > requirements

    > > of proof at the consulate. Revenue, employed for X # of
    > years,

    > > professional experience, operations in the US, etc. etc. etc.
    > Lot of

    > > requirements that if you don't prove it correctly -- will wind
    > up

    > > getting denied. Canadian Citziens can apply right at the POE
    > and the

    > > req's are a lot easier -- but for others it's through the
    > service

    > > center's, and a lot stricter. Albiet it -- every indian
    > programmer and

    > > their mother is coming here on L1B's these days and working for
    > $8/hr.

    > > >And he can sponsor other people to get green cards on L1B

    > > Any company can. Anyone can get an L1B these days. I know of a
    > few

    > > L1B's here making $30k per year.

    > > >He has multi-entry business visa till

    > > >March 2004 to enter the states.

    > > It has to be a legitimate business, and you have to have a
    > legitimate

    > > job (for l1b or h1b).

    > > They're gonna want to see US business tax returns, revenue,
    > whole bunch

    > > of stuff. Easier said then done. Otherwise everyone would
    > just

    > > register a business at city hall and then apply for l1b's and
    > L1a's.

    > > -= nav =-

    > > --

    > Posted via http://britishexpats.com/"]http://britishexpats.-
com[/url]

__________________
Posted via http://britishexpats.com
 
Old 12-04-2003, 05:36 PM   #5 (permalink)
Jozef
 
Posts: 812
Default Re: open a company and L visa

"maro" <> wrote in message
news:r%Azb.8765$...
    > I have a friend who has companies in China and wants to open a company in
    > the states in order to get immigration status finally. We heard if he
    > applies for L1A visa first then after 3 years he can apply for green card.
    > And he can sponsor other people to get green cards on L1B visas too. He
can
    > invest around 500k USD in medical instruments related business. If he
starts
    > the application process in January 2004, which state/city will be faster
to
    > get L1 visa and green cards? Also I'm on my OPT time right now till July
    > 2004. If he hires me and sponsor me, will I be able to stay in the states
    > after my OPT time? Can I work part/full time for another company in my
area?
    > Can I enroll in school as a full/part time student? Do I have to stay at
the
    > same place where the company locates? He has multi-entry business visa
till
    > March 2004 to enter the states.


Your friend cannot start a company on a business visa and then have it
sponsor him an L-1 visa. He should look into obtaining an E-2 investor's
visa. Retain an attorney that specializes in E-2 visas.
Once the company has been established he can then sponsor other people for a
visa. Unfortunately, he will not be able to sponsor himself.
 
Old 12-04-2003, 06:04 PM   #6 (permalink)
Maro
 
Posts: 19
Default Re: open a company and L visa

does he have to be here a certain amount of time each year? or can he just
hire me and other people to run the company?

i have F1 visa now. can't i transfer it to L visa?

again my question is where to open the company will get him/me green card
faster? apparently california has more people that're waiting in queue than
the inner states. am i wrong?


"supernav" <member16283@british_expats.com> wrote in message
news:...
    > He can register it. But if he can't be here to work the company, how
    > can it generate revenue? You have to show a lot of paperwork for other
    > L1B applications. Just including a photocopy of a business license
    > isn't going to cut-it.
    > L1A can get you a gc. L1B is just like a H1B w/o a lot of the
    > restrictions and wage restrictions. However, it's a non-immigrant visa
    > -- so it won't get u a gc.
    > Remember. You have to work for his *foriegn* company for at least a
    > year and show paystubs, etc. Plus you can't file for it while in the
    > US. You have to go back home.
    > -= nav =-
    > Originally posted by Maro
    > > so that means he can register a company but he can't get a L visa for
    > > himself? but can he get it for me or other people?
    > >
    > > the company will operate normally and do tax and everything.
    > > but i heard
    > > after u get L visa, you have to wait to get green cards depending on
    > > different location, the waiting time is different. thats why i
    > > want to know
    > > where to open it. anyone has an idea?
    > >
    > >
    > >
    > > "supernav" <member16283@british_expats.com> wrote in message
    > > news:"]news:1098661.1070524-
    > > [/url]...
    > > > >the states in order to get immigration status finally.
    > > > If he has no visa/gc he can't do that. He can register a
    > > company -- but
    > > > can't work for it.
    > > > Plus you can "self-sponsor" yourself for any visa either.
    > > > >applies for L1A visa first then after 3 years he can apply
    > > for
    > > > With L1A you can apply for a GC right away,a nd there's no LC
    > > to
    > > > go through.
    > > > But the L1A is for intra-company EXECUTIVES who have min.
    > > requirements
    > > > of proof at the consulate. Revenue, employed for X # of
    > > years,
    > > > professional experience, operations in the US, etc. etc. etc.
    > > Lot of
    > > > requirements that if you don't prove it correctly -- will wind
    > > up
    > > > getting denied. Canadian Citziens can apply right at the POE
    > > and the
    > > > req's are a lot easier -- but for others it's through the
    > > service
    > > > center's, and a lot stricter. Albiet it -- every indian
    > > programmer and
    > > > their mother is coming here on L1B's these days and working for
    > > $8/hr.
    > > > >And he can sponsor other people to get green cards on L1B
    > > > Any company can. Anyone can get an L1B these days. I know of a
    > > few
    > > > L1B's here making $30k per year.
    > > > >He has multi-entry business visa till
    > > > >March 2004 to enter the states.
    > > > It has to be a legitimate business, and you have to have a
    > > legitimate
    > > > job (for l1b or h1b).
    > > > They're gonna want to see US business tax returns, revenue,
    > > whole bunch
    > > > of stuff. Easier said then done. Otherwise everyone would
    > > just
    > > > register a business at city hall and then apply for l1b's and
    > > L1a's.
    > > > -= nav =-
    > > > --
    > > Posted via http://britishexpats.com/"]http://britishexpats.-
    > com[/url]
    > --
    > Posted via http://britishexpats.com
 
Old 12-04-2003, 09:27 PM   #7 (permalink)
Smfleming
 
Posts: 3
Default Re: open a company and L visa

Connecticut and NY...super quick.

__________________
Posted via http://britishexpats.com
 
Old 12-04-2003, 11:41 PM   #8 (permalink)
Supernav
 
Posts: 432
Default Re: open a company and L visa

Look up the requirements for L1A and L1B. They're both VERY different.



The requirements are REALLY detailed and thorough. Now if he wants
to create sham offshore companies and sham documents to support it
like most indian IT companies -- i'm sure he'll get the visa. Since
it looks like he's really wanting to start this "company" to get you
and him GC's.



But in a nutshell -- the company has to be "financially" stable, meaning
there's a certain amount of revenue it has to generate. Plus you have
to work for it for 1 year, with paystubs and taxes. The company here
has to show taxes, license, # of employes, bank account, ability to pay,
etc. And even then, you have to have the experience to qualify. And
even more then -- you can ONLY work for that company. There's no gc
involved (although as a L1A he can get a gC, althrough they'll look
heavily again at his original application and company info to make sure
it's not a scam).



Until he gets someone to create a company here and get it up and going
-- i'd look elsewhere for visas. If you're thinking he can have a
"company" here staffed with 1-2 non-immigrant aliens doing all the work
and sponsoring people -- it won't fly.



-= nav =-

__________________
Posted via http://britishexpats.com
 
Old 12-05-2003, 12:19 AM   #9 (permalink)
Maro
 
Posts: 19
Default Re: open a company and L visa

thats for L visa right? about how long you know?

and since i cant get L visa, where is it fast to change my visa from F1 to
H1B?

and another question, if i work for the company as H visa for a full year,
can i change it to L1A visa?

"smfleming" <member12263@british_expats.com> wrote in message
news:...
    > Connecticut and NY...super quick.
    > --
    > Posted via http://britishexpats.com
 
Old 12-05-2003, 12:35 AM   #10 (permalink)
Maro
 
Posts: 19
Default Re: open a company and L visa

well it looks really hard -_- thanks again for all the info. he's really
going to start it as far as i know of. and i haven't found a job yet so i
won't mind he doing that. let's just put it that way, the company will be up
and running smoothly, but where to start it is the main problem for now
(processing time).

also any information regarding to the requirements are definitely grateful.
just i don't know where to go for those rules.

one last question, after he opens the company, can he hire me as H visa? so
next year I can change to L? and meantime, can H visa work part time or full
time for another company?

thanks a bunch.



"supernav" <member16283@british_expats.com> wrote in message
news:...
    > Look up the requirements for L1A and L1B. They're both VERY different.
    > The requirements are REALLY detailed and thorough. Now if he wants
    > to create sham offshore companies and sham documents to support it
    > like most indian IT companies -- i'm sure he'll get the visa. Since
    > it looks like he's really wanting to start this "company" to get you
    > and him GC's.
    > But in a nutshell -- the company has to be "financially" stable, meaning
    > there's a certain amount of revenue it has to generate. Plus you have
    > to work for it for 1 year, with paystubs and taxes. The company here
    > has to show taxes, license, # of employes, bank account, ability to pay,
    > etc. And even then, you have to have the experience to qualify. And
    > even more then -- you can ONLY work for that company. There's no gc
    > involved (although as a L1A he can get a gC, althrough they'll look
    > heavily again at his original application and company info to make sure
    > it's not a scam).
    > Until he gets someone to create a company here and get it up and going
    > -- i'd look elsewhere for visas. If you're thinking he can have a
    > "company" here staffed with 1-2 non-immigrant aliens doing all the work
    > and sponsoring people -- it won't fly.
    > -= nav =-
    > --
    > Posted via http://britishexpats.com
 
 


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