Immigration Voice - Forums
Register Get Involved Contact Lawmakers Contact Media Latest Posts Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Immigrant Visa
Click to log in with Facebook
Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

advertisement
 

Donation Goal
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
Donate Now
Please contribute to Immigration Voice.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 07-21-2011, 05:11 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jun 2010
Posts: 1
harrisiqbal is on a distinguished road
Angry EB1C Multinational Manager. Appeal Denied

My case has been going on for more than 2 years so I'm not going to attempt explaining my entire situation as it will take a book worth of writing.

I am in the process of filing MTR for an APPEAL denial. Our original EB1C I-140/I-1485 decision was denied. We appealed the decision and it was denied.

I have a few questions regarding the denial.

Initially they denied the original application on nonsensical fabrications of fact that had nothing to do with our case (Even getting the job title/industry completely wrong).

So we filed an appeal and after more than a year got a denial last week.

In the denial letter they acknowledge their plethora of mistakes but still denied me on two basis.
1 -) Managerial Capacity
2 -) Qualifying Relationship

Regarding the first basis - They again misrepresented the facts and I will address this in the MTR (I'm going to be filing the motion myself, as I don't trust lawyers anymore due to horrible experiences)

The second basis is more of in the realm of point of law as opposed to point of facts (as in the first basis).

In the original denial, they stated that we failed to establish ownership of the foreign company [which is garbage due to the insane amount of evidence presented].
In the denial to the appeal, they say that yes yes we accept that the director might have "overlooked" some facts but that doesnt matter because we have found something that destroys your case (I'm paraphrasing ofcourse).

He continues to say that because the foreign company is a "SOLE PROPRIETORSHIP", a subsidiary / affiliate relationship cannot be established because it is not a "Legal Entity" > and he defines legal entity from this Black Law Dictionary.

Now this is confusing to me. My company has been on L1 visa for a couple of years then has been on the E-2 visa for the last 6 years getting SUCCESSFUL approvals based on this VERY "SOLE PROPRIETORSHIP" with the qualifying relationship being a non-issue. The US Company being a Corporation (with 51%+ of my ownership) and the Foreign company being owned by me 100% as a sole proprietorship.

So how can the officer say that since it is not a legal entity, blah blah, we have to deny you? In the face of numerous USCIS approvals of L1 / E2 ?

Is the officer accurate? My case has no chance because of this not being legal entity thing? Or is the officer mistaken?

If he is mistaken, can you please help me with a citation / or federal case law that I might use to rebut his argument?

Please spare me any comments about, GET A LAWYER!! Because I have TRIED THAT for the last 10 years and it has been less than satisfactory (Yes with multiple lawyers).

I applied for the E-2 extension myself last time and got an approval in 13 days without RFE. So I am going to be doing this myself. If anyone can help me, I will be forever grateful.

Thank You

It just makes me angry to think that, after all that money I have invested in this country and the new employment that I have created, they can throw out my case based on a stupid potential technicality. When there are scores of illegal immigrants swarming this country that get a path to citizenship!!!
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 07-21-2011, 05:27 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 143
Blog Entries: 1
slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of
Default Too complicated for aforum

You have been getting bad Lawyers then. This is a complicated case, which needs to be dealt with by an attorney. Try to get nationally reputed ones like Murthy or Khanna.

------------------------------------------------------

Quote:
Originally Posted by harrisiqbal View Post
My case has been going on for more than 2 years so I'm not going to attempt explaining my entire situation as it will take a book worth of writing.

I am in the process of filing MTR for an APPEAL denial. Our original EB1C I-140/I-1485 decision was denied. We appealed the decision and it was denied.

I have a few questions regarding the denial.

Initially they denied the original application on nonsensical fabrications of fact that had nothing to do with our case (Even getting the job title/industry completely wrong).

So we filed an appeal and after more than a year got a denial last week.

In the denial letter they acknowledge their plethora of mistakes but still denied me on two basis.
1 -) Managerial Capacity
2 -) Qualifying Relationship

Regarding the first basis - They again misrepresented the facts and I will address this in the MTR (I'm going to be filing the motion myself, as I don't trust lawyers anymore due to horrible experiences)

The second basis is more of in the realm of point of law as opposed to point of facts (as in the first basis).

In the original denial, they stated that we failed to establish ownership of the foreign company [which is garbage due to the insane amount of evidence presented].
In the denial to the appeal, they say that yes yes we accept that the director might have "overlooked" some facts but that doesnt matter because we have found something that destroys your case (I'm paraphrasing ofcourse).

He continues to say that because the foreign company is a "SOLE PROPRIETORSHIP", a subsidiary / affiliate relationship cannot be established because it is not a "Legal Entity" > and he defines legal entity from this Black Law Dictionary.

Now this is confusing to me. My company has been on L1 visa for a couple of years then has been on the E-2 visa for the last 6 years getting SUCCESSFUL approvals based on this VERY "SOLE PROPRIETORSHIP" with the qualifying relationship being a non-issue. The US Company being a Corporation (with 51%+ of my ownership) and the Foreign company being owned by me 100% as a sole proprietorship.

So how can the officer say that since it is not a legal entity, blah blah, we have to deny you? In the face of numerous USCIS approvals of L1 / E2 ?




Is the officer accurate? My case has no chance because of this not being legal entity thing? Or is the officer mistaken?

If he is mistaken, can you please help me with a citation / or federal case law that I might use to rebut his argument?

Please spare me any comments about, GET A LAWYER!! Because I have TRIED THAT for the last 10 years and it has been less than satisfactory (Yes with multiple lawyers).

I applied for the E-2 extension myself last time and got an approval in 13 days without RFE. So I am going to be doing this myself. If anyone can help me, I will be forever grateful.

Thank You

It just makes me angry to think that, after all that money I have invested in this country and the new employment that I have created, they can throw out my case based on a stupid potential technicality. When there are scores of illegal immigrants swarming this country that get a path to citizenship!!!
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 07-21-2011, 05:44 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jun 2010
Posts: 1
harrisiqbal is on a distinguished road
Default

I understand your perspective but okay let me put it this way.

For any lawyers out there or perhaps people knowledgeable in this particular field >>

This is the only thing i need answered:

If someone has a foreign company (Sole Proprietorship) and that person expands his business in the US by creating a new company and incorporating it (S Corp).

Legally speaking ||

Can a qualifying relationship be claimed between the two entities even if the parent company (not in US) is a SOLE Proprietorship?

Question seems easy enough...

Thanks for any help
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 07-21-2011, 10:54 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 143
Blog Entries: 1
slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of
Default L1-A visa is a necessary prior non immigrant visa requirement to E1C

I reiterate again. This is too complicated for non specialists. consult specialist buissnes immigrant attorney whose speciality is E1C.

Quote:
Originally Posted by harrisiqbal View Post
I understand your perspective but okay let me put it this way.

For any lawyers out there or perhaps people knowledgeable in this particular field >>

This is the only thing i need answered:

If someone has a foreign company (Sole Proprietorship) and that person expands his business in the US by creating a new company and incorporating it (S Corp).

Legally speaking ||

Can a qualifying relationship be claimed between the two entities even if the parent company (not in US) is a SOLE Proprietorship?

Question seems easy enough...

Thanks for any help
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 07-22-2011, 11:15 AM
Senior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2009
Posts: 262
ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute
Default

Quote:
Originally Posted by harrisiqbal View Post
In the denial letter they acknowledge their plethora of mistakes but still denied me on two basis.
1 -) Managerial Capacity
2 -) Qualifying Relationship
1 -) Managerial Capacity

What is your background. Degree & experience...
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 07-22-2011, 11:16 AM
Senior Member
Priority Date
:
Category
:
EB2
I140 Mailed Date
:
04/12/2011
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2010
Posts: 141
sorcerer666 has a reputation beyond repute sorcerer666 has a reputation beyond repute sorcerer666 has a reputation beyond repute sorcerer666 has a reputation beyond repute sorcerer666 has a reputation beyond repute sorcerer666 has a reputation beyond repute sorcerer666 has a reputation beyond repute sorcerer666 has a reputation beyond repute sorcerer666 has a reputation beyond repute sorcerer666 has a reputation beyond repute sorcerer666 has a reputation beyond repute
Default

Quote:
Originally Posted by harrisiqbal View Post
Please spare me any comments about, GET A LAWYER!! Because I have TRIED THAT for the last 10 years and it has been less than satisfactory (Yes with multiple lawyers).

It just makes me angry to think that, after all that money I have invested in this country and the new employment that I have created, they can throw out my case based on a stupid potential technicality. When there are scores of illegal immigrants swarming this country that get a path to citizenship!!!
From these two points itself, as strange and weird as this system is, if you can't beat it, adopt to it
1). 10 years is an awfully long time for EB-1, would you have been better off with EB-2 to avoid this scrutiny and technicalities??
2). Would you be eligible for EB-5, investor quota??

Either ways, there would be very few people in this forum who would be able to help you!
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 07-22-2011, 01:58 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jun 2010
Posts: 1
harrisiqbal is on a distinguished road
Default

Sorry you misunderstood:

10 years is for my whole immigration battle starting with L-1 to E2 to EB1-C not just for EB1-C

To the person who asked for the information about capacity:

That is not really an issue, the officer actually misrepresented the facts given to him but here goes

I have a business bachelors degree and I went on straight into creating my business after that.

After getting my BBA, I started a business and worked in it for 25 years (This is the foreign entity). The business was steel import/export, We were wholesalers and suppliers of TIn Mill Steel Products. I moved to the US in the hopes that I can give my children a better future and expand my business ventures here.

I established a business here and have been operating it for the past 10 years. We applied for the EB1-C 2 years ago. So 35 years of active business experience should not be an issue.

What the guy objected on was that I allegedly spend most of my time doing day to day non-qualifying tasks using a reference that i had given in terms of Percentage breakdown of my job duties.

He misquoted the reference completely, The reference said, 20% of my time.... is spend... expanding the business venture, implementing policy changes as required, and hiring/firing employees. (I'm highly simplying it).

He said that because you spend 20% of your time hiring and firing employees and there were only a few personnel changed in the past 4 years. USCIS is forced to believe that the lower level employees are not relieving me of lower level job duties.

He obviously was too blind to see the other 2 major things that i included in the 20% with hiring and firing being only 5% of my time out of the year.

So I'm not worried about that stupid mistake on USCIS part.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 09-07-2011, 12:41 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Sep 2011
Posts: 5
cops8800 is infamous around these parts
Default Please advise for EB1c do i qualify ? thanks a lot

Hello ,everyone

I am b.com grad & MCSE certified, with study i started Proprietary firm in 2000 in India,IT-software dev+Hardware supply/annual maintain contract,IT eduction services,Accounting-Multiple services which gradually expand at present full-time highly educated IT 16+&4admin professional + 2 for office work . up to June 2008 i operated this as owner all dept Head after mid 2008 then till date i gave power of attorney to my manager for operate,even before 10months to came usa i bought my own office premises and relocate from rental space , i am indirectly managing from here as new technology helped a lot, i came here as F2 visa(student dependent) because to support my wife -wants to study in usa and she took 4 yrs course but for two years (fast track) , time of visa -same firm mentioned in visa form with new office address in interview they checked all docs from IT papers to supplier and all stuff , my business gradually improved in last 5yr. that
presently i am in usa from June 2008 to till date , last month july 2011 Us based company and i had deal - as they are in business form 4 +yrs and IT consulting and services they are doing very good employed 18+ it professional on H1 ,4 US citizen ,3 work in india for this company on direct pay roll,they wants to expand they bought my Indian firm 60% ownership (not office premises ownership) and did all transaction officially also we hired in India more 2 people for marketing in usa from India for us company's services , i got info that i am eligible for work and file paper here as if i wish to work for Usa company if they hire me as executive level , after discussion with company's ceo , he told me that he wants to hire some 1 for same position and also willing to hire me with prevailing wage rates as per that position, so on this all grounds what you all suggest ,as i tried to check online about this , i got this very helpful platform so,please advise me what is best options and how you all can guide me for this Category.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks

advertisement
 

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
How to prove Project manager is not CIS Manager! cleopatra PERM Processing 8 03-11-2011 10:58 PM
need suggestions - eb1c - 140+cp or 485 ? DesiGuy Priority dates transfers and Post 140-approval options 0 09-19-2008 05:43 PM
EB1C - manager or executive kshitijnt Retrogression, priority dates and Visa bulletins 2 05-07-2008 03:52 AM
EB-1 multinational manager humdesi Retrogression, priority dates and Visa bulletins 11 06-01-2007 08:12 PM
EB1 multinational manager qualification requirements arindamb All other Green Card Issues 11 12-14-2006 11:56 AM


advertisement

All times are GMT -4. The time now is 09:36 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org