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?).