B1/B2 extension

[Geraldo Ramos 0]

Hi,

I'm a partner of a established business back in Brazil (since 2009) related to web and mobile development (Internet company). We have around 15 people in the company, including an american partner. In October 2012 we opened an LLC company in NYC and it has the same partners (same name as well). I was planning to apply for the L-1 Visa, which is the most suitable for me, but, as a tech company, we don't need a lease (we use temporary offices/co-working spaces). I just figured out that if we apply without a lease, it will be probably rejected (USCSI does not care about this new 21's century tech companies, who don't need office spaces), and also, the business plan we made is not looking really good (not strong).

The issue:

We are really tight on time and we can't solve the issues (leasing and business plan) before our deadline, april 18.

What do you guys think I should do:

1 - Apply for the B1/B2 extension and have more time to fix L-1 petition issues and make it stronger (real lease and proper business plan). That would be my best scenario but I don't know if it can have any consequence.

2 - Go back to Brazil and apply the L-1 Visa from there (This will be really bad for us, because I'm having meetings with new customers all the time, specially a new big one)

3 - Go back to Brazil and come back under B1/B2 and apply for the L-1 from here with more time.

Thanks in advance!

Geraldo

[JohnR! 5,495]

Hi,

I'm a partner of a established business back in Brazil (since 2009) related to web and mobile development (Internet company). We have around 15 people in the company, including an american partner. In October 2012 we opened an LLC company in NYC and it has the same partners (same name as well). I was planning to apply for the L-1 Visa, which is the most suitable for me, but, as a tech company, we don't need a lease (we use temporary offices/co-working spaces). I just figured out that if we apply without a lease, it will be probably rejected (USCSI does not care about this new 21's century tech companies, who don't need office spaces), and also, the business plan we made is not looking really good (not strong).

The issue:

We are really tight on time and we can't solve the issues (leasing and business plan) before our deadline, april 18.

What do you guys think I should do:

1 - Apply for the B1/B2 extension and have more time to fix L-1 petition issues and make it stronger (real lease and proper business plan). That would be my best scenario but I don't know if it can have any consequence.

2 - Go back to Brazil and apply the L-1 Visa from there (This will be really bad for us, because I'm having meetings with new customers all the time, specially a new big one)

3 - Go back to Brazil and come back under B1/B2 and apply for the L-1 from here with more time.

Thanks in advance!

Geraldo

Gerlado, you can apply for an extension of your stay. Check the link: http://travel.state.gov/visa/temp/info/info_1298.html

However, there are no guarantees it will be approved and once you apply for it - regardless of the outcome - your existing visa will be canceled, which means that upon your return to Brazil you will need to apply for a new visa to reenter the US in the future.

That your visa be canceled by your submitting the application does not mean you will be denied a new visa, so much as the consulate will question you as to the reason you needed to stay longer than you were allowed. If you can prove that you had such need to take care of business you should be ok. Just make sure you have paperwork and documentation to prove your need to extend your stay in the US.

Good luck and success in your endeavor!

[Geraldo Ramos 0]

Gerlado, you can apply for an extension of your stay.

However, there are no guarantees it will be approved and once you apply for it - regardless of the outcome - your existing visa will be canceled, which means that upon your return to Brazil you will need to apply for a new visa to reenter the US in the future.

That your visa be canceled by your submitting the application does not mean you will be denied a new visa, so much as the consulate will question you as to the reason you needed to stay longer than you were allowed. If you can prove that you had such need to take care of business you should be ok. Just make sure you have paperwork and documentation to prove your need to extend your stay in the US.

Good luck and success in your endeavor!

Thank you so much for this clarification!

[Geraldo Ramos 0]

Gerlado, you can apply for an extension of your stay. Check the link

However, there are no guarantees it will be approved and once you apply for it - regardless of the outcome - your existing visa will be canceled, which means that upon your return to Brazil you will need to apply for a new visa to reenter the US in the future.

That your visa be canceled by your submitting the application does not mean you will be denied a new visa, so much as the consulate will question you as to the reason you needed to stay longer than you were allowed. If you can prove that you had such need to take care of business you should be ok. Just make sure you have paperwork and documentation to prove your need to extend your stay in the US.

Good luck and success in your endeavor!

Gegel, another quick question. What happens if I apply for a different visa before I dont receive any response from this extension? Or receive and it's negative or positive. Remember my goal is to apply for L-1. I should wait to receive the response? If it's positive and I still have time, I can apply for the L1 from here? And If it's negative, I should come back and apply for L-1 from there? Any thoughts on this?

Thanks,

Geraldo

[JohnR! 5,495]

Thank you so much for this clarification!

Anytime!

A few thoughts... If you decide to apply for the extension, you will need to submit the original I-94 you now have. Make a copy of it to keep with your passport because chances are it will not be returned to you. Also, depending on how much time you have left on your I-94, you may not get a decision before it expires - all the more reason you'll need to keep a copy. In the event you stay beyond the allowed date and do not receive a reply, be at the ready, because if your request is denied you will need to leave the country immediately upon receipt of the decision. In reality it means you should be prepared to leave the country within a few days, if your request should be denied. Keep a copy of the reply from the USCIS and your return boarding pass to present as evidence, to the consulate, that you did not stay in the US for a long period of time after a decision on your request was made. So long as your application is pending you do not accrue unlawful presence - i.e. you are not considered to be in the country 'illegally' - so if you go that route and your request is denied, get ready, pack and leave. Also make sure that the address you furnish to the USCIS for their reply is one where you will be sure to get your response letter. Although the reply will be sent via USPS, it is up to you to be on top of things and monitoring your mail constantly. In other words, it is all on you to prove you did not try to scam the system and that you were legit in your dealings with the USCIS.

Additionally, keep copies of evidence of your activities - such as court appearances, lawyer bills and any other supporting documentation that could be considered evidence that you were here on business setting up your company, so that you can present that to the consulate when you apply for a new visa. Also make sure that you have copies of bank statements, credit card statements and any financial transactions you did during your stay, showing that your trip was funded by money you had in Brazil, as evidence that you were not earning money here in the US as a result of your activities. In summary, make sure you can show evidence that your business is real. Treat it as you would a business presentation to a potential investor from whom you seek capital. Have all the data to support your case. This is one case where more is more and having all that information will help you with a new visa application.

[JohnR! 5,495]

Gegel, another quick question. What happens if I apply for a different visa before I dont receive any response from this extension? Or receive and it's negative or positive. Remember my goal is to apply for L-1. I should wait to receive the response? If it's positive and I still have time, I can apply for the L1 from here? And If it's negative, I should come back and apply for L-1 from there? Any thoughts on this?

Thanks,

Geraldo

Here is more detail on the L-1 visa: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=64d34b65bef27210VgnVCM100000082ca60aRCRD&vgnextchannel=64d34b65bef27210VgnVCM100000082ca60aRCRD

I am not sure you can receive it without having to go back to Brazil and I would advise you to speak to a corporate immigration lawyer.

In any case, that has no bearing on the application of your extension. You can send in the extension application, even if you wish and get the L-1 visa underway, unless a lawyer tells you there is no need to do so, if you decide to apply for the L-1 while your I-94 is still valid. The important thing is that you do not let your I-94 expire without having the L-1 process started (if that is possible) or applying for the extension. Makes sense?

[kzielu 1,149]

Gegel, another quick question. What happens if I apply for a different visa before I dont receive any response from this extension? Or receive and it's negative or positive. Remember my goal is to apply for L-1. I should wait to receive the response? If it's positive and I still have time, I can apply for the L1 from here? And If it's negative, I should come back and apply for L-1 from there? Any thoughts on this?

Thanks,

Geraldo

Are you aware of what needs to happen for you to get an L-1 visa ? You can't just apply, your company has to submit I-129S (if I remember correctly) petition with all paperwork required - it is almost always done by experienced lawyer.

[Geraldo Ramos 0]

Are you aware of what needs to happen for you to get an L-1 visa ? You can't just apply, your company has to submit I-129S (if I remember correctly) petition with all paperwork required - it is almost always done by experienced lawyer.

yes, I've been looking into L-1 visa process for a long time and spoke with attorneys. I have all the paper work ready, except the LEASE (that was the problem, I though just a letter from a coworking space wich we have offices would be necessary), but theyo don't allow this model, they require a real LEASE contract and we don't have now. One attorney said that it could work so I was counting on this, but very late I figured out a lease is a MUST and the ones are not filling without a lease are being denied. Also, after some review, we figured out our business plan is not very good too (another important part of the process).

So, to be clear:

1 - We have all paper work except a lease and a proper business plan. We meet all requirements for the L-1 process

2 - We don't have time anymore to fix this issues and apply before our I-94 expires.

I think we will fill the extension petition assuming we can prove we are establishing a business here and all the money we are using here are being paid by Brazil funds. So, we will have more case to work in the L-1 petition.

Thanks a lot for your reply!

[Boiler 45,558]

Have you discussed this with your Lawyer?

It would be reasonable to expect a denial and also reasonable to assume you would not get another B2.

[Geraldo Ramos 0]

Have you discussed this with your Lawyer?

It would be reasonable to expect a denial and also reasonable to assume you would not get another B2.

Hum. Will discuss later this afternoon. Maybe the idea to come back is not that bad, do you think if I come back to Brazil and then come back to USA in like a few weeks, that will be a problem? They can reject my entrance?

[Boiler 45,558]

After 6 months?

They will be wondering if you are visiting or living in the US.

Also ask your lawyer about the tax issues.

[Geraldo Ramos 0]

After 6 months?

They will be wondering if you are visiting or living in the US.

Also ask your lawyer about the tax issues.

Thank you so much. Will also ask about taxes to my attorney as well.

[Geraldo Ramos 0]

So, Just for the record:

After speaking with attorney, I decided to go back to Brasil before my I-94 expires and apply for the L-1 Visa (premium process) from there. I think it was the wisest decision.

Will prepare a proper business plan and sign for a real lease be then.

Thanks everyone for the help.