heather123

We are looking to apply for a L1 visa, but need some advice on the application to the USCIS for the work permit/approval before we apply for the L1. My husband has been a sole trader for over 20 years but in Sept 2010 we changed the company over to a LTD company so that my husband is now a director so that this enables us to apply for an L1 visa and open a branch in the USA after he has been a director for 1 year. Does anyone know if we can apply to the USCIS before the year is up and have all the relevant paperwork ready to send to the U.S embassy in London when he has been a director for 1 year. Any info would be most helpful

MsElui

moved to US immigration forum.

meauxna

Have you read the petition and its instructions? What do they say?

Why don't you have an immigration lawyer helping you with this plan? This is generally NOT a DIY case; I have never seen a DIY one discussed, in fact.

heather123

Been in contact with the USCIS and even they cant answer the question as to if I have to wait until 1 year is up???? Nowhere does it say on the USCIS website that when submitting an I-129 you have to wait a year but I know that for the L1 visa you must be a director for 1 year, I was hoping that I could have all my paperwork/work permits ready and in place to submit to the U.S embassy when the year is up.

Flabound oneday

ok you are wrong-you dont have to be a director for a year, you have to have been employed by the same company for one year out of the previous 3.

a small discrepancy but one which shows you are 100% sure of what you are doing and thus screams out GET A LAWYER. its free advice which you will see here a lot -take it. its going to cost you approx £5k -if you wont pay that then you cant complain if/when it all goes wrong.

we were in exactly the same situation, BUt had a lawyer who got our L1 within 4 days of submision. you heard the saying 'you pay peanuts' ?

one other thing -if your husbands company is still effectively a sole trader ie him, then you have bigger problems -as you have to demonstrate how it will continue running without him. though of course a lawyer would tell you that

heather123

Thanks for your input but I only stated about being a director for 1 year as that is my husbands position as I know that the criteria states that you have to be employed for 1 year in the last 3 years. As to the company my husband has other employees so that the company in the UK can still trade whilst a new branch is opened in the USA. As for the immigration lawyer we used one when we submitted an application for a B visa (which was approved by the embassy in london) and when handing over all immigration lawyers prepared documentation at the embassy they basically said that they didnt need it as they were more interested in the interview with myself and member of staff who interviewed me couldn't understand why we had paid alot of money to a lawyer when we could have just submitted it ourselves. The embassy staff were very helpful which I was surprised at after reading some of the comments people post about them.

janette

It is perfectly possible to successfully apply for an L1 visa yourself, I did so. Would I recommend it? Possibly not, but if you are prepared to spend time and effort reading and following the instructions/requirements, it can be done. It was not my first choice to apply for my own visa, but the large immigration lawyers I used in the UK were so bad, I complained to their head office and had all my money refunded. After that, I decided I couldn't be worse than them and did it myself. I also did my own renewal and green card application ( with help from a friend), and all were successful. I repeat, I am not recommending DIY, just saying it is possible ( I am a bit of a control freak and need to know what is going on anyway, if it affects me, so that probably influenced me)

heather123

Thanks for your advice Im a bit of a control freak too and like to know at every stage whats going on!! We have been in contact with the USCIS via telephone as well as the U.S embassy in London. We have found out that information can be hard to find, but it can be found with persistance.

janette

As the requirement is to have been employed by the company for one year in the previous three, and it is a new company, my feeling is that you will need to wait that time. However, you will need to collect a lot of paperwork to support the application and could start that. You will need obvious things like bank statements, invoices etc, which you could start copying, but also company organisation charts, job descriptions, details of how the UK company will continue to operate. These are things that you could start putting together before the end of the year, so you can highlight any possible gaps and have time to sort them. Be prepared to give a whole lot of information about anything and everything to do with how the company operates, and how the new US company will work - remember it will be your husband's job to run the business, not manage the day to day operation and staff.

S Folinsky

I am following this thread with a degree of interest. Hate to say this, but I am also amused. OP is admitting that she can't find the information -- which is something lawyers are trained to do if they don't know something.

MsElui

other threads on here about these kind of L1 visas have indicated a big difficulty in getting the 1 year renewal through in the US. I would really want a lawyer I think - especially in the current climate of USCIS doing so much more scrutiny on these kinds of applications. Would be a major bummer to do the initial application yourself and get it approved only to spend all that time and energy moving across and have major difficulties with renewals because it wasnt set up in the most easy way.

AdobePinon

Get a lawyer. I mean no offense, but you do not sound like you're in a position to do the application yourself. If that means putting your 'control freak' nature aside for this, do it.

Eric S

Well, B visas and L visas are different animals. I think a B is much more straightforward. And plenty of people do apply for those on their own. But I think most people here would recommend a lawyer for an L visa application.

- Eric S.

md95065

Also, no matter how friendly and helpful the people at the US Embassy may appear to be you should not assume that the advice that they are giving you is accurate or that they are there to help you.

meauxna

You are also setting up a new office in the US to support moving your family.

I'm shocked you think you can do this yourself; based only on what you've demonstrated in your posts here.