Immigration Voice

Immigration Voice (https://archive.immigrationvoice.org/forum/index.php)
-   Non-Immigrant Visas (https://archive.immigrationvoice.org/forum/forumdisplay.php?f=6)
-   -   Questions on L1 Eligibility? (https://archive.immigrationvoice.org/forum/showthread.php?t=16315)

astra.castra 12-26-2007 03:05 PM

Questions on L1 Eligibility?
 
I have a masters degree from a US univ with a work exp of 3 years and 9 months (3 years on H1 and 9 months on OPT). Now, I am working in India for a small software startup company as the Vice President of Operations for the past 6 months without any pay since the company’s revenues are currently negligible. Their parent company is in US with revenues of about 3 million USD per year. Now the US parent company wants to apply for my L1A after 6 more months, since I would fulfill one of the basic requirements of L1 visa by then.

My specific questions include:
1. What documentation would I need to request from my US company to judge the suitability of applying for an intra-company transfer? I know that a parent, a branch, a subsidiary or an affiliate can sponsor L1, but I want to be certain that my case belongs to L1. In Section 1 of L classification supplement form to I-129, Points 9 and 10 ask for details on stock ownership and managerial control between the two companies. Obviously these are confidential documents from the company’s perspective, but if I know what specific forms to ask for then it will be up to them to share those docs with me or not.
2. Would I qualify for an L1A since I am working as the Vice President of Operations? I do not have any direct reports to me as there is one Chairman & CEO of the Indian company, one Vice President of Human Resources and I am the Vice President of Operations managing the Indian office. As per the L1 manual, my job belongs to the Manager of Essential Function (Operations) category, but I read that there are very stringent documentation requirement for L1A.
3. Is my US parent company with 3 mil annual revenues eligible to support for L1A visa? What is the lowest revenue limit for a company, if it wants to successfully transfer intra-company employee(s)? What kind of supporting documentation would I require to go for an L1A?
4. Will the revenues of Indian operations, my salary history be considered during the L1A visa approval and/or visa interview? As of today, US company’s operations are stable and growing at the rate of 10% a year, but the Indian operation is declining and I am working without pay!
5. The biggest advantages of L1A are the possibility of EB1 category in GC and EAD for the spouse. Since L1A is tough to obtain (?), can I go for H1 (I am already counted in the cap) and apply for GC in EB1 category (since by then I would have worked as a manager in the Indian company for at least one year)? Of course, even if EB1 is possible with this route, my spouse will have to wait for EAD for at least a year or so. But that’s fine as long as my application belongs to EB1 category [There is a prediction that even EB1 will retrogress in near future for Indian nationals, but I am hoping that it will not be as much as EB2 and EB3].

Everything is legit here, but all I am worried about is the probability of success of L1A visa in my case. Sorry for such a long post, but any pointers regarding my case would be deeply appreciated. Thanks for your time.

Sameer

astra.castra 12-26-2007 04:05 PM

Internet, thanks for your comments. I do not blame you for misunderstanding my post. But please do read a post thoroughly before making comments like "It seems you are interested in getting a greencard through L1 route rather than coming to work in USA temporarily on a intra-company transfer (that is temporary)" and "then there is something wrong going on and must be reported to USCIS". I don't know whether you already have a GC or not, but will you be ready to work in India without pay if someone promised a GC in the next two years? Put yourself in someone else's shoes before making comments. No where in my post I was talking about illegal stuff or jumping the lines. All I was looking for was some sincere advise on my case so that I can discuss the case with a good attorney.

Intra-company transfers existed from a long time and if it were that easy to obtain GCs through L1 route then it would have been greatly abused by now.. So please refrain from making unnecessary comments. They didn't bother me, but they definitely warranted to correct you.

Sameer

sayantan76 12-26-2007 04:29 PM

Quote:

Originally Posted by astra.castra (Post 209908)
I have a masters degree from a US univ with a work exp of 3 years and 9 months (3 years on H1 and 9 months on OPT). Now, I am working in India for a small software startup company as the Vice President of Operations for the past 6 months without any pay since the company’s revenues are currently negligible. Their parent company is in US with revenues of about 3 million USD per year. Now the US parent company wants to apply for my L1A after 6 more months, since I would fulfill one of the basic requirements of L1 visa by then.

My specific questions include:
1. What documentation would I need to request from my US company to judge the suitability of applying for an intra-company transfer? I know that a parent, a branch, a subsidiary or an affiliate can sponsor L1, but I want to be certain that my case belongs to L1. In Section 1 of L classification supplement form to I-129, Points 9 and 10 ask for details on stock ownership and managerial control between the two companies. Obviously these are confidential documents from the company’s perspective, but if I know what specific forms to ask for then it will be up to them to share those docs with me or not.
2. Would I qualify for an L1A since I am working as the Vice President of Operations? I do not have any direct reports to me as there is one Chairman & CEO of the Indian company, one Vice President of Human Resources and I am the Vice President of Operations managing the Indian office. As per the L1 manual, my job belongs to the Manager of Essential Function (Operations) category, but I read that there are very stringent documentation requirement for L1A.
3. Is my US parent company with 3 mil annual revenues eligible to support for L1A visa? What is the lowest revenue limit for a company, if it wants to successfully transfer intra-company employee(s)? What kind of supporting documentation would I require to go for an L1A?
4. Will the revenues of Indian operations, my salary history be considered during the L1A visa approval and/or visa interview? As of today, US company’s operations are stable and growing at the rate of 10% a year, but the Indian operation is declining and I am working without pay!
5. The biggest advantages of L1A are the possibility of EB1 category in GC and EAD for the spouse. Since L1A is tough to obtain (?), can I go for H1 (I am already counted in the cap) and apply for GC in EB1 category (since by then I would have worked as a manager in the Indian company for at least one year)? Of course, even if EB1 is possible with this route, my spouse will have to wait for EAD for at least a year or so. But that’s fine as long as my application belongs to EB1 category [There is a prediction that even EB1 will retrogress in near future for Indian nationals, but I am hoping that it will not be as much as EB2 and EB3].

Everything is legit here, but all I am worried about is the probability of success of L1A visa in my case. Sorry for such a long post, but any pointers regarding my case would be deeply appreciated. Thanks for your time.

Sameer

If you otherwise qualify for L1A (and hence EB1C) - why go through the extra step of L1A - you can directly get your 140 filed and do consular processing? although i am not a lawyer and hence please double check - i think you can come to US on H1 and file for EB1C 140/ 485 as long as you have worked for 1 year out of last 3 years for the US company's Indian operation in a managerial/ executive capacity.

Unless your company has a blanket petition approved - you would have to provide quite a bit of documentation to prove the relationship between the US parent and Indian operations......besides, the role that u would have in US should also warrant L1A/ EB1C...

L1A is a very easy to obtain visa if the case is genuinely qualified.......a friend of mine worked in Indian operations of a US company - she got married and moved to US - initially on B1/B2 (not 100% sure though) - while in US she got a job offer with the US parent of the same company and was able to start here in less than a month..when i was on L1 - i myself have never had more than a 2 minute visa interview (either in home country or outside) and that too because i had some electives on composite materials and ceramics in my undergrad and the consular officer wanted to know if had explosives knowledge :-)

astra.castra 12-27-2007 02:27 PM

Sayantan76, congratulations on your GC and thanks for raising some interesting points regarding L1A/GC. If I may ask, what were the revenues of your Indian company's operations and your US company's operations? What was your designation and how many direct reportees did you have in India? Did you take any documentation regarding the direct reportees for your L1A interview?

Sorry to have bombarded you with questions, but your inputs will surely help as you have already gone through the process. Probably, I will discuss my case with a lawyer since it is a bit complicated. Unfortunately they are expensive and I am not sure whether it's worth the try!

Sameer

PS - Internet, I didn't even know that there is a US parent company for the company that I am currently working for, until a month ago. That's why I wanted to know what documents are required to verify such a link. So there was no question of the US or the Indian company promising me a greencard, if I worked for free. I am not exactly working without pay, but there is no consistency in the salary structure. For the sake of simplicity I have put it as working without pay!

humdesi 12-27-2007 02:53 PM

As long as there are legal loopholes, there will be people/companies who will misuse them. There's nothing you can do to stop them. EB-1 leftover visas was the only remaining hope for EB-2/3 date progression. But I have seen a lot of outsourcing companies bring people in just for EB-1. A lot of these people are no more qualified or experienced than you or me, but they apply for visas in a category reserved for Nobel prize laureates and similar people. If the trend continues, all EB-1 visas will get used up, and there will be none left for overflow. EB-2 will likely not move from Jan bulletin date for many many years.

Here's my suggestion - write to the CIS Ombudsman and director to investigate EB-1 multinational mangager abuse. Ideally this category should be removed from EB-1 classification.

Quote:

Originally Posted by internet (Post 209928)
There is nothing against you but aginst the misuse of the system by some companies.
If you are being asked to work for free in your country for a promise of a greencard, then this is definately a violation of labor laws and you are being exploited. Please tell on this forum the name of your company so that such incidents can be avoided and such companies are reported. We all are here following the laws and if some bad apple is breaking it, it gives a bad name to entire legal immigration.


gc_chahiye 12-27-2007 03:04 PM

Quote:

Originally Posted by humdesi (Post 210154)
Here's my suggestion - write to the CIS Ombudsman and director to investigate EB-1 multinational mangager abuse. Ideally this category should be removed from EB-1 classification.

sad. Everyone wants the door shut for someone else... :(

Be careful what you ask for, you might just get it. A few years down the line if you become a manager in a multinational, you might wish they had left it in EB-1.

The right fix is to make the supply meet the demand (recapture, not count dependents in quota etc), everything else is bandaid or worse: pushing someone else down so you can get ahead.

10dulkar 12-27-2007 03:27 PM

I will wish for you
 
and that your 140 application goes to NSC...... and your company doesn't have blanket L1 petition.....
Vice president(with no pay. Thats like "BIN PAGARI FULL ADHIKARI" Sorry for diff language guys... can't help it..)with 3 years of experience you must be extra-ordinary.... why they let you out of US? They are fools..... they let such person out of US.

I wish luck for such company with no revenues..... :D

gcformeornot 12-27-2007 03:32 PM

oh Boy!!!
 
Quote:

Originally Posted by 10dulkar (Post 210166)
and that your 140 application goes to NSC...... and your company doesn't have blanket L1 petition.....
Vice president(with no pay. Thats like "BIN PAGARI FULL ADHIKARI" Sorry for diff language guys... can't help it..)with 3 years of experience you must be extra-ordinary.... why they let you out of US? They are fools..... they let such person out of US.

I wish luck for such company with no revenues..... :D

you are so funny......:D

humdesi 12-27-2007 04:04 PM

Quote:

Originally Posted by gc_chahiye (Post 210159)
sad. Everyone wants the door shut for someone else... :(

Be careful what you ask for, you might just get it. A few years down the line if you become a manager in a multinational, you might wish they had left it in EB-1.

The right fix is to make the supply meet the demand (recapture, not count dependents in quota etc), everything else is bandaid or worse: pushing someone else down so you can get ahead.

OK, I wish they would let everyone with MS or 5 yrs experience apply in EB-1. Let's not shut the door, just open it up for everyone. That makes you happy?

vejella 12-27-2007 06:14 PM

Unfortunately this Seems to be the trend Now a days
 
I dont want to comment on this case ...

But i know a freind who barely managed to get through his under graduate degree, worked with a Top 10 desi out sourcing firms for 2 years in India .Then he was transported here as "Developer" on L1 Visa with Indian Pay and meager daily expenses . He was here for 5 years .As his visa is running out and his H1 B did not get through lottery last year .

So his company "Cut a deal " so they processed some people who are with the company for long time to process their green cards under EB-1 Category.
Company produced all the "documentation" claiming him as lead of some Indian Operations ..Suprisingly he got his GC in 5 months flat ..

Based on the USCIS Previous year immigration statistics release, EB-1 Category is full and none passed to EB 2 category ..If this trend continuous ..i would not be surprised if EB-1 India might be retrogressed after some time ...

Now i look like a fool to complete my masters in US with 7 years of professional experience still struck in the line ..:D

I still dont understand how Multinational Managers will come with Par with Out standing acheivements category .
Just My 2 cents ..

Good luck to you sameer...Hope you get your GC Soon...

sayantan76 12-27-2007 08:24 PM

Quote:

Originally Posted by vejella (Post 210206)
I dont want to comment on this case ...

But i know a freind who barely managed to get through his under graduate degree, worked with a Top 10 desi out sourcing firms for 2 years in India .Then he was transported here as "Developer" on L1 Visa with Indian Pay and meager daily expenses . He was here for 5 years .As his visa is running out and his H1 B did not get through lottery last year .

So his company "Cut a deal " so they processed some people who are with the company for long time to process their green cards under EB-1 Category.
Company produced all the "documentation" claiming him as lead of some Indian Operations ..Suprisingly he got his GC in 5 months flat ..

Based on the USCIS Previous year immigration statistics release, EB-1 Category is full and none passed to EB 2 category ..If this trend continuous ..i would not be surprised if EB-1 India might be retrogressed after some time ...

Now i look like a fool to complete my masters in US with 7 years of professional experience still struck in the line ..:D

I still dont understand how Multinational Managers will come with Par with Out standing acheivements category .
Just My 2 cents ..

Good luck to you sameer...Hope you get your GC Soon...

If this provision is being misused - its bound to catch the attention of somebody in USCIS soon and duly reviewed! Till then - all the best to genuine cases

astra.castra 12-28-2007 06:32 AM

Quote:

Originally Posted by vejella (Post 210206)

I still dont understand how Multinational Managers will come with Par with Out standing acheivements category .
Just My 2 cents ..

Even I partially agree with vejella on equalling MNC managers with Outstanding Acheivements category. But these MNCs are "supposedly" providing employment for US residents and US govt will want their operations to run smoothly for which the govt need to let the top executives work without a lot of restrictions. When you look at it the other way round, top executives again are "supposedly" the cream of expertise anyway even if they are not nobel laureates. They should make the application process more stringent so that only the best would get through.

And as sayantan76 said, if this provision is being misused then it is bound to get USCIS attention. I wouldn't be surprised if USCIS cancels GCs for these audited cases if they find something amiss. As mentioned in my first post, EB1 is expected to retrogress this year anyway. See, that's why life in US is complicated and I am more confused than I was before :)

Sameer

PS - humdesi, I don't know your GC status but I sincerely hope that you did write to "CIS Ombudsman and director" when they made all the EB categories current in July/August since it was unfair when a person who is waiting for 5 years to file I-485 in EB3 category was made equal to a person who got his I-140 approved in June 07. Did you?


All times are GMT -4. The time now is 11:27 AM.

Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org