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luisrfelixr

I 140 or Type L for working permit?

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Filed: Timeline

Hello All,

Thank you for accepting me in this forum.

I have a dilemma, I own a company in USA that has been working for the past 9 years and I basically own 99%. I'm the general manager. The company has had its up and down, but now I know that for the company to keep growing I would need to move permanetly to the US.

I get paid by the US company basically reside in my country Dominican Rep.

The copmany has no employees within the US, only has them in the foreign subsidiary. The subsidiary is not BIG it has only 4 employees. The subsidiary's manager is my wife.

Have been using the B1 type visa to travel 8 to 9 times a year, not for long periods (range from couple of days to no more than 2 weeks).

All immigration lawyers I have consulted only mentioned the L type visa, BUT recently I came accross with the I-140 form and thought to ask which would be the best course of action?

The US company has revnue on average $400,000 a year. Incomes has varied depending on the anual cash flow. As mentioned before that company has had its up and down and very little investment have been made in the US.

Thanks for your replies

Luis

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Filed: Lift. Cond. (apr) Country: China
Timeline

Welcome to the forum.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Citizen (apr) Country: Ecuador
Timeline

Welcome to the forum.

*** Thread moved from Introducing Our Members forum to the Work Visas forum, as seemingly the best venue to attract answers. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: Wales
Timeline

Sounds like effectively it would be treated as a start up.

Generally the business plan is key and renewal is where the difficulties arise.

Is it just you coming. Who will look after the non US operation.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The I-140 is a form, not a visa type. It is used to apply for several different types of immigrant visa.

L-1B and L-1A visas are non-immigrant visas, but they are counted as dual-purpose visas, which means you can (sometimes) later adjust status to that of permanent resident.

You can find out more information from USCIS on the links from here: http://www.uscis.gov/working-united-states/working-us

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Filed: K-1 Visa Country: Wales
Timeline

I had 2 family members who worked in the US on a L temporarily and then left.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you Boiler and thank you Owen, I know understand what the difference is. One questions, Why do you say "sometimes" adjust your status?

The criteria for adjusting status through employment are not the same as the criteria for gaining the L-1 visa, so some people can adjust and others can't. I am adjusting status through marriage to a US citizen, though, and I'm not a lawyer, so I don't really know any further detail. Others here may know more.

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Filed: Citizen (apr) Country: Poland
Timeline

The criteria for adjusting status through employment are not the same as the criteria for gaining the L-1 visa, so some people can adjust and others can't. I am adjusting status through marriage to a US citizen, though, and I'm not a lawyer, so I don't really know any further detail. Others here may know more.

Well, there isn't any adjustment from L-1, employer can file I-140 petition which is employment based been card application - but it really had nothing to do with L-1. For certain L-1 categories labor cert requirement is waived when petitioned for certain EB categories. But again - nothing to do with any kind of adjustment of status.

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