RFE requesting Form 5471 for L1A application

[zenjk 0]

Hello All,

This is an amazing forum and has helped me a lot to understand quite a bit about the visa processing. I would already like to thank all who contribute to this forum.

Here is my case, and any insight/advice/suggestions will be much appreciated

I received my RFE on my L1A application and they want Form 5471 to prove the relation between the companies.

I do not have that, here is why:

India Company was formed in 2006 and the capital investment was done by the directors locally. India company is a cost center of the US company and it has been remitting the operation cost to the India company since 2006 till date.

In 2010 it was decided that the US company will buy 70% of the stake in the Indian company and they remitted the FDI (Foreign Direct Investment) to India in 2010.

The Indian entity finally made a board resolution in March 2011 to allocated 70% of the shares to the US Entity. Since the US entity did not receive any shares till March 2011 they did not file Form 5471 with Federal Tax as of now.

The US company plans to file form 5471 this financial year end. We do have all the wire transfers made by the US to India and US has been supporting the operations of India since 2006.

What all documents should I send to the USCIS in response to the RFE?

Any advice would be greatly appreciated.

Thanks

- Zen

[CC90 90]

What all documents should I send to the USCIS in response to the RFE?

Exactly what you just said--with ample documentation.

[zenjk 0]

Exactly what you just said--with ample documentation.

You mean all the wire-transfers and the board resolutions? Will that be enough?

Thanks for the response.

[CC90 90]

Will that be enough?

Nobody knows. It probably depends heavily on the context.

I'm sure you're not the first person with this issue. Just write a very clear letter and include ample documentation of everything you said in your first post. They'll let you know if they want more, I'm sure. Perhaps a letter of "intent" to file the 5471 would be desirable, too.

I mean, you can't submit something you don't have.