Do I qualify for L-1 status?


Attorney_23

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This week, Murthy Law Firm attorneys will be answering your questions about the L-1 nonimmigrant visa category.
 

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Hi,

 

I have a question related to L-1A petition extension. After submitting response to the issued RFE, does the beneficiary has to return back to his/her home country and wait for the decision to be made by USCIS? I am asking this because I have seen that in case the petition is denied, there can be unlawful stay for a week or two in US under section 212(a) (9) (B) of the INA act? Your guidance will be helpful in doing advance planning to avoid any unlawful presence in US?

 

Regards,

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Hi,

 

I have a question related to L-1A petition extension. After submitting response to the issued RFE, does the beneficiary has to return back to his/her home country and wait for the decision to be made by USCIS? I am asking this because I have seen that in case the petition is denied, there can be unlawful stay for a week or two in US under section 212(a) (9) (B) of the INA act? Your guidance will be helpful in doing advance planning to avoid any unlawful presence in US?

 

Regards,

 

Generally speaking, if an L-1 extension request is timely filed, the beneficiary may remain in the United States while the case is pending. However, if the case is denied and the person's I-94 has already expired, he would typically need to leave the U.S. immediately or else begin to accrue unlawful days of unlawful presence from that date forward.

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Consider a situation where a US company is a majority shareholder in an Indian entity. The Indian entity has the US entity as the sole client. In this situation can the Indian company's employees avail of L1 to work for the US entity?

 

Does the answer change if the US entity owns 100% of the Indian entity?

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Consider a situation where a US company is a majority shareholder in an Indian entity. The Indian entity has the US entity as the sole client. In this situation can the Indian company's employees avail of L1 to work for the US entity?

 

Does the answer change if the US entity owns 100% of the Indian entity?

 

The key is generally common ownership. If a U.S. company owns a majority of a foreign company, that would typically be enough for L-1 purposes.

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Hi I got my H1b petition approved in Nov 2013 and received I797C copy from USCIS saying my petition is approved till 2016. My employer revoked my petition in January 2014 reason unknown to me, i had not worked for even a single day as my status was not changed from H4 to H1b as had not received I797A . My employer is not responding to me not helping me with the notice of revocation and lied that they have received the I797A copy,which i came to know when i had been to SSN office in December 2013 they denied to provide me the SSN number and said that my status is still H4.

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Am i cap exempt please help. Thanks in advance.

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