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How to enter the USA to start a business and then continue
Immigration.Com has received the following question, which I think is important enough to be answered in a format accessible to all the people abroad interested in starting a business in the USA.
The Question
I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.
Effect of Changing Status from B-1/B-2 (Business or Visitors Visa)
Visitor's visa issued - Chennai
My in-laws have been issued visitor's visa on 28th at Chennai.
Some points:
* I have sent the sponsor documents.
* Advised them to take special care about arrangement and presentation of the papers
* I have sent two sets of originals/copies for them.
* Trained them on the possible questions and the answers.
*They are both around 70 years of age.
*This is their first interview and they have never visited any foreign country.
The questions they faced:
Nonimmigrant Visas
Returned to US in 4weeks after 6months stay
I thought this info might benefit some people.
My FIL entered US end of July '04. His 6months stay expired end of Jan '05. Our request to extend the stay was denied and he left within 10days of receipt of that letter. But he returned in 4 wks from India (he left on Feb 6th '05, returned on March 3rd '05). At POE in Los Angeles, they questioned him, but finally gave him 6months stay on I-94. He has a multiple entry visa.
Nonimmigrant Visas
Visitor Visa Approved at Chennai
Hi All,
My mother got her visitor visa approved at Chennai Consulate. I'm also including the questions that they asked my Mom. The interpreter(requested for one) was already there in the cube with officer it seems.
1Q. Since how long your son is staying in US ?
A. 5 Years
2Q. Where is he staying?
A. YYYY City.
3Q. How many months you're planning to stay?
A. 6 months.
4Q. Did your son applied for Green Card?
A. Yes.
Nonimmigrant Visas
Visitor Visa Extension Approved
am sharing the following info for all, i am sure it helps:
my parents came to US in mar2004, got 6 mon entry. 6-mo extn filed early aug, website showed approval late sept, approval letter recd early oct. they have come to US 2 times earlier (2000 for 1 month and late 2002 for 5 mo). Note that we sent photocopy of I-94, NOT the original.
DOCUMENTS SENT WITH APPLICATION:
3 LETTERS: 1 from my father requesting extn, 1 from me saying I will take them around and will support them, and 1 similar letter from my brother.
Nonimmigrant Visas
F-1 Visa
We were approached by the parents of an applicant whose application for an F-1 visa had been denied based on Section 214(b) of the Immigration and Nationality Act (possible immigrant).Normally, we would have not been able to do much. But in this case, the visa applicant had already visited USA three times in the past and left in time.While it was true that her entire family lived in USA, the fact remained that she had never violated any US laws, despite having an opportunity to do so. We filed for reconsideration.
Status
F-1 visa granted.
Nonimmigrant Visas
Obama's Immigration Action, Discussion with Attorney Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
Radio Show, 2015, Jan 21, Future of I-Squared Act (S. 169), Unlawful Presence and Marriage to a US Citizen
Citizenship and Naturalization
Nonimmigrant Visas
Immigration Law
Green Card
US Immigration Questions, Feb 19, 2015 Free Community Call with Rajiv (Every Other Thursday)
Agency
Immigration Law
Important! TVU Students With NTA's, Come Meet With ICE
The representatives of ICE and SEVP would be visiting the Embassy of India (2107 Massachusetts Ave. NW, Washington DC 20008) on Friday, April 15, 2011 at 10.30 AM. Former TVU students interested in attending this meeting to interact with the officials of the ICE and SEVP should let us know. Our Ambassador and Deputy Chief of Mission would also be present during the meeting.
Some positive developments on the TVU situation
News about the meeting arranged by Mr. Rao and other friends of TVU students have started coming in. Good job Naveen, Shashi and others involved in bringing this about.
See http://www.fullhyderabad.com/hyderab...l-officer-3906
Also, all students, keep updating your information so we can hand it over to the authorities to understand the problems we are facing:
More TVU harassment -- students tagged and harassed in Virginia
Once again, the United States of America has shown its ugly face to the defenseless TVU students. I will give you this that the "United" States are highly fractured when it comes to immigration enforcement. The TVU handling shows that there is no coherent central directive on policy. Within the same office (for instance, in New Jersey), two officers realize the appropriate context and act moderately, while a third officer goes around ranting and raving and focusing the "full might of the US government" upon those who can do little against him. The buck must stop at the White House.
Why TVU handling is an insult to a civilized nation
Originally posted by Rajiv S. KhannaI have read some of the posts Joe has made. He has his view point, which reflects the view point of authorities. In a civilized society, NO ONE must be condemned without a fair assessment. That includes Joe and all TVU students. I must decline to remove his posts even if they offend our sense of fairness. I suggest , if you do not like them, you folks ignore his posts. I find it important to consider his thoughts because they reflect the same unfair bias that the authorities have. The point, my friends, is not who is guilty.
B Visa Refusal Statistics for 2010
The following statistics released by USDOS note the percentage of B visas that were refused by US consulates world-wide.
Afghanistan 56.0%
Albania 37.7%
Algeria 21.9%
Andorra 100.0%
Angola 21.4%
Antigua and Barbuda 19.7%
Argentina 3.1%
Armenia 51.4%
Australia 23.7%
Austria 11.5%
Azerbaijan 13.5%
Bahrain 4.1%
Bangladesh 36.4%
Barbados 10.2%
Belarus 19.7%
Belgium 13.2%
Belize 33.4%
Benin 39.7%
Bhutan 64.1%
Bolivia 23.8%
Bosnia-Herzegovina 9.7%
Botswana 13.9%
Brazil 5.2%
Getting F-1 while I-485/AOS is pending
Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.
Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.
From H-4 to F-1
Some questions from the community:
I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:
a. If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?
No. An I-539 is used if you want to change status within USA.
b. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?
Visa after B-1 to F-1 conversion
Here is a question from a community member:
Recording of Community Conference (Every other Thursday), 2015, March 19
Immigration.com
Nonimmigrant Visas
Immigration Law
Recording of Community Conference (Every Other Thursday) 2015, April 30
Profession/Occupation
Substantial transcription for video
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;