QUESTION

Can I legally apply for L type visa and do my own business without any sponsored.

Asked on Dec 18th, 2012 on Immigration - New Jersey
More details to this question:
I am Indian citizen. I was holding H1B visa. This visa was expire in october 2012. I am willing to live and work in USA with legal status. If you do have any options please let me know. I have heard about L type visa. This vis enable me to open a new business or allow me to be a partner in a existing business.
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I assume that when you refer to the H-1B visa expiring in October 2012, you are referring to the maximum limit of 6 years which can only be extended under certain circumstances. An L-1 visa does not appear appropriate as that is a visa status for multinational executives/managers/specialized knowledge individuals who have been in one of the 3 roles for an affiliated company overseas for at least one year in the past 3. Another visa option may be O-1 if you are extraordinary in your field of endeavor and have a sponsoring organization or agent. Further H1B visa status is available again for 6 more years if you leave the U. S. for one year, have a sponsoring organization, and qualify for the H-1B cap again if the organization is not exempt from the requirement. Also in the event that an organization sponsors you for labor certification processing, you may be able to be placed back in H-1B status by a petitioning employer once 365 days have run since labor certification filing or at the time that both labor certification and I-140 preference petition classification have been approved. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence
Answered on Jan 02nd, 2013 at 10:53 AM

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Are you back in India now after your H-1B expired or still in the U.S.? The L-1 visa may not be an option for you right now because it requires you to have been working for a related company outside of the U.S. for at least one year within the past three years.  An intra-company transfer is an individual who, within three years preceding his application for admission as an L-1 to the United States, has been employed abroad continuously for one year by a parent, affiliate or subsidiary of a U.S. company. The individual must be coming to the U.S. to render his services in a capacity that is managerial, executive or a position that involves specialized knowledge. There may a different non-immigrant option that applies to you, but that would depend on your education, experience, opportunities in the U.S. etc. You should consider consulting with an immigration attorney to fully understand your options and to properly plan a case strategy. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    
Answered on Dec 18th, 2012 at 6:53 PM

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