what to do?

Old Nov 22nd 2009, 8:25 pm
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Default what to do?

hi Guys
I'm in a bit of a dilemma as to what to do, and would appreciate any advice you can give me..

I'm currently on an L1a and the renewal is in March, as some of you may know i have tried to get my daughter over, but she has been refused twice now.
Anyway, this time, apart from stating that we didnt proved her to be managerial, they also mentioned about the uk business, about the share ratio.
In the UK business, my husband and i own 50/50 shares, and the usa business i own 100% shares
Another confusing thing is that initially we came over on an E2 with my sister and her family, we done the E2 route, my sister and i doing it 50/50 so that our spouses could have their own EAD's.
Anyhow, my sister has since left (another long ,sad story) and i brought her shares therefore own the US company 100%.
As my sister was no longer in the picture we decided to change to L1a - which we did here, thereby landlocked till we go to london.

The thing is we have been told we can apply for GC here, which i was going to do, but after reading my daughter's denial - im worried about the % ratio and that whoever approved the L1a initially got it wrong???

I did read up about the shares ratio, but to be honest, i found it a bit confusing
If anyone here understands it and can explain it, in layman terms, i would really appreciate it

Additionally, an owner of another restaurant (just started up) wants to employ my husband and has said he would sponsor him for GC under the skilled worker category.. so thats another option we have to look into - any thoughts on this??

Thanks in advance
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Old Nov 22nd 2009, 8:36 pm
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Default Re: what to do?

Originally Posted by mrsvic View Post
hi Guys
I'm in a bit of a dilemma as to what to do, and would appreciate any advice you can give me..

I'm currently on an L1a and the renewal is in March, as some of you may know i have tried to get my daughter over, but she has been refused twice now.
Anyway, this time, apart from stating that we didnt proved her to be managerial,

im worried about the % ratio and that whoever approved the L1a initially got it wrong???


Additionally, an owner of another restaurant (just started up) wants to employ my husband and has said he would sponsor him for GC under the skilled worker category.. so thats another option we have to look into - any thoughts on this??

Thanks in advance
Hi:

You post is confusing.

You daughter was denied for not being managerial -- you don't talk about that issue.

You say that the consul "they also mentioned about the uk business, about the share ratio" and left it at that.

You then jump to a worry that CIS got it wrong.

Why do you think that CIS got it wrong? I see nothing in your post that indicates that. Are the facts you posed wrong?

Again, I'm confused.
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Old Nov 22nd 2009, 8:41 pm
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Default Re: what to do?

Also, the people who want to sponsor my husband said she spoke to her immigratioin guy and he will do it for approx 15k

The guy i used before is cheaper, but 2 things im worried about, the denials, and ration business.....
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Old Nov 22nd 2009, 8:44 pm
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Default Re: what to do?

Originally Posted by mrsvic View Post
and ration business.....
Wouldn't have thought there was a living in it, myself.
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Old Nov 22nd 2009, 8:58 pm
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Default Re: what to do?

Originally Posted by Folinskyinla View Post
Hi:

You post is confusing.

You daughter was denied for not being managerial -- you don't talk about that issue.

You say that the consul "they also mentioned about the uk business, about the share ratio" and left it at that.

You then jump to a worry that CIS got it wrong.

Why do you think that CIS got it wrong? I see nothing in your post that indicates that. Are the facts you posed wrong?

Again, I'm confused.
sorry if i confused you..

I had mentioned in other threads about my daughters denial - they said we hadn't proved by the evidence/info we supplied that her duties would be managerial -it was a lot longer explanation than that, but that was the main gist of it..
With regards to the share ratio, i went on to explain about our 2 companies and what the share ratio is - one of the reasons on my daughters denial was the share ratio, USCIS denied it as it wasn't correct proportianally, again the response was a lot longer, but that was what it boiled down to.
I wandered if USCIS had appoved my L1a incorrectly, as the same share ratios were given and it was approved, but my daughters denied and one reason was the share ratios of the 2 companies

Hope this makes more sense
Thanks
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Old Nov 22nd 2009, 8:58 pm
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Default Re: what to do?

Originally Posted by fatbrit View Post
Wouldn't have thought there was a living in it, myself.
LOL - sorry, ratio business...
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Old Nov 22nd 2009, 9:21 pm
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Default Re: what to do?

Originally Posted by mrsvic View Post
I had mentioned in other threads...
You might be kind enough to provide a link to those threads so that those who might want to help, don't have to hunt all over to gather the bits and pieces. Indeed, you might also want to sketch out a brief timeline of exactly what has happened and when... nothing elaborate, just dates and events.

Ian
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Old Nov 22nd 2009, 9:37 pm
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Default Re: what to do?

Originally Posted by ian-mstm View Post
You might be kind enough to provide a link to those threads so that those who might want to help, don't have to hunt all over to gather the bits and pieces. Indeed, you might also want to sketch out a brief timeline of exactly what has happened and when... nothing elaborate, just dates and events.

Ian
hi Ian,
The thing is, the other threads are not really relevant for this question, I had only said that my daughter was denied, first one was due to the fact that we hadn't proved she was going to be a manager, but as said thats not really pertinent to this question.
second denial - when i posted, had only seen denial on the USCIS website, so i didn't know about the share ratio.

But i get your point and will not gabble on in future
mind you i just have
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Old Nov 23rd 2009, 12:04 am
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Default Re: what to do?

Originally Posted by mrsvic View Post
With regards to the share ratio, i went on to explain about our 2 companies and what the share ratio is - one of the reasons on my daughters denial was the share ratio, USCIS denied it as it wasn't correct proportianally, again the response was a lot longer, but that was what it boiled down to.
Hi:

You may then want to look at the facts as you stated them. If the ratio is in question, it looks like you may have misstated the facts. Hence my confusion. Please clarify the ownership of the various business.

From your original post, I believed that you owned 50% of the UK business and 100% of the US business. Can you please correct this?
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Old Nov 23rd 2009, 4:10 am
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Default Re: what to do?

Originally Posted by Folinskyinla View Post
Hi:

You may then want to look at the facts as you stated them. If the ratio is in question, it looks like you may have misstated the facts. Hence my confusion. Please clarify the ownership of the various business.

From your original post, I believed that you owned 50% of the UK business and 100% of the US business. Can you please correct this?
Hi

Yes, this is correct.

thanks,
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Old Nov 23rd 2009, 6:41 am
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Default Re: what to do?

Interesting possible route to GC, as long as you do not mind being land locked.
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Old Nov 23rd 2009, 2:49 pm
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Default Re: what to do?

Originally Posted by Boiler View Post
Interesting possible route to GC, as long as you do not mind being land locked.
Hi Boiler
Can you elaborate. What route you talking about, and why is it an interesting one? and a possible route to GC.
As far as i knew i thought both options were viable?

Thanks
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Old Nov 23rd 2009, 3:14 pm
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Default Re: what to do?

Mrsvic

Do you have an immigration attorney of record? If not, I humbly suggest that you retain one for future proceedings with the USCIS. There are so many variables in the immigration processing as you have discovered between your daugther and her denials and your son needing to marry to remain in the US.

A good attorney is worth his/her weight in gold if you continue to have these issues.
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Old Nov 23rd 2009, 4:08 pm
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Default Re: what to do?

She said in a previous post that she did have one.

From what I have read there is no way a L could have been obtained for this in London.

So go with the E2, change to L in the US, seems a lower level, and then go for GC off the back of the L.

I am sure there are many issues, but it seems a route not previously mentioned.
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Old Nov 23rd 2009, 4:10 pm
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Default Re: what to do?

Originally Posted by Rete View Post
Mrsvic

Do you have an immigration attorney of record? If not, I humbly suggest that you retain one for future proceedings with the USCIS. There are so many variables in the immigration processing as you have discovered between your daugther and her denials and your son needing to marry to remain in the US.

A good attorney is worth his/her weight in gold if you continue to have these issues.
Hi Rete

we have an immigration visa specialist that we use, but as you have just said is he a good one? i thought he was, now, not so sure.

Thanks,
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