As the owner of a UK consulting company, I was granted L1A visa to set up a US subsidiary in 2005. However, when we applied for the extension in 2006, like most small companies we got an RFE , and eventual denial .
We were later advised by a new attorney that , I , ( as the owner of the company ) , should have been classified as an as an “executive” rather than as a “manager”.
We now have physical offices in the US and the company has been doing some (low volume) business and filing US taxes since 2005.. In 2006, I was granted a H1B visa and I have worked only for the UK Company since 2009. The US Company currently has no employees.
My question is – can we re-apply for the L1A extension or is there a time limit? ( If we can ,will the H1B affect a L1A petition?).
If your company has zero employees, I would advice you to remain on your H-1B instead.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
As you should have understood back few years ago, the L-1A category is not for "small operators".. Those get quickly "clobbered" again once they resurface and are doomed to be deluged with RFEs ultimately resulting with a denial. Don't waste your time and energy on a futile L-1A if the US entity has no other employees than yourself. Stick to the H-1B category instead.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Second opinion you see. Hmm.... Not on AVVO. Hire an immigration attorney for that.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.