Need Advice on L1A...!!

[anu_963]

Hi

I need an advice on the below scenerio...!!

My employer filled L1A and we got denial notice on April 25th, and Denial notice states that we could not established relationship between US and Foreign Company, My question on this is as below

US Company is Owned by 3 Equal share holder which is 33.3% each out of these three Share Holder two of them owns Foregin Company 49.9% each so Majority of US company share holders owns Majority of Foreign Company.

As per 8 C.F.R. 214.2(i)(1)(ii) L Defines the term "Affiliate" in the following Manner

"Affiliate means: (1) One of two subsidiaries both of which are owned and controlled by the same parent or individual, or (2) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity"

Now, Our attorney suggesting that we should file Legal Suit in Federal Court and USCIS will surely revert the decision because of the fact that we are truely affiliate company, if we file MTR or Adminisrative Appeal it will take Ages to get the outcome.

Can anyone advice on this as to what should be the right step, because i don't want to miss the H1B cap as well because if MTR or any other route will take that much long i might loose the chance of H1B.

Need advice pleaseeeeeeeeeeeeeee..!!

[s1111]

In my opinion.

file H1B asap. you could try for f1(student) also.

Appeal is useless.

filing a lawsuit, you could win, but you will remain out of status if court decides otherwise.

[JoeF]

Not much chance for an appeal.

The regulations mean that both foreign and US companies have to be owned by the same group of individuals, which is not the case here, since a group of 3 individuals owns the US company and a group of 2 individuals owns the foreign company.

There is nothing about "majority of sharefolders" being the same in the rules.

[anu_963]

JoeF,

Thanks a lot for your help, but as you could see in defination of Affiliate it is different then Subsidiary Yes in case of Subsidiay Same group of Individuals should control or owned the foreigh company, but Affiliate is i guess a little different.... ??

[cooltoo8190]

You yourself indicated that appeal will take ages and you don't want to miss H1B Cap. So depends on how you deal with this. An appeal should be filed within 30 days but that does not mean you stay is legal if I-94 is expired.

If your I-94 has expired you are out of status effective April 25th. You should leave US immediately and file for H1B from your home country

If your I-94 is still valid and valid through Oct 1st, you can stay legally and file L1-H1 COS and this rejection should not matter.

Quota may exhaust in June so act on this immediately.