L1 extension
 

I had my L1A approved on 30th August 02. However, the INS did not send out my I797A. After getting a congressman involved I finally received my I797A at the end of November. My L1 is for one year only (new company). Because the INS took so long in issuing my approval notice, my visa is due for renewal on 30th August 03. Only now can I sell my house and move over to the US. By the time I move it will probably be around April 03. Will the INS take into account that the new business has only been trading for 4 months when my visa comes up for revalidation? (due to not receiving the visa until now) Also, has anyone gone through the revalidation process here in the US instead of the consulate in London, and if so, did it go smoothly? Any other advice on L1 to greencard route would be greatly appreciated.

Re: L1 extension
 

Obtaining the first extension of L-1A status in the U.S. is normally the most difficult part of an L-1A case. The initial status is obtained largely on the basis of representations as to future plans, and it as that the time of the first extension that INS expects to see evidence that those plans have been implemented. However, as you point out, here you will not have sufficient time to implement your plans due to INS delay in issuing your notice of approval. Certainly it could be argued that since the U.S. office will have been active for less than 1 year when the extension is filed, it still should be judged under the "new office" criteria - i.e. the judgment as to whether you qualify as a "multinational manager" should be made based upon your future plans, not your current situation. Unfortunately, this assumes a reasonable amount of intelligence and understanding on the part of the INS examiner who is assigned your case, which can by no means be guaranteed, especially if you are the owner / operater of a small business, a group which INS seems to take a particular dislike to in L-1A matters. For what its worth, we have had cllients in similar circumstances granted a second "new office" petition, but that by no means guarantees that you will be equally fortunate.