Legal Question in Immigration Law in California

L-1 Intransfer Company Visa

I am from India & need advise regarding L-1 visa. I applied in Jan 2003 & have a small business co. I recd a letter from the INS requesting for more information. I submitted the required ans. - 260 pgs of documents after which my L-1 petition got approved in July. I went to the US consulate in India in Aug with my wife for an interview. I took all the paperwork with me such as my original marriage certificate, photos, my India co tax papers, etc. The officer asked me about my net profit & I replied a no & also about how many employees I had in the US to which I replied none since I had started a new company in CA, in Jan. In my business plan, which I had submitted to the INS in US I did mention that I planned to hire 2 employees in Jan, 2004. The officer replied that he was going to send my file back to the INS & suggest for a possible revocation. My gross profit over the years has been growing. One looks at Gross Profit since expenses are deducted from it and not net profit. I have a leased office in the US for which I am paying rent even though I am in INdia, have inventory lying in CA, invested in furniture, tel & have a lot of sales orders.

Please advise as what needs to be done?.Your detailed reply will be very helpful.


Asked on 8/24/03, 6:53 pm

4 Answers from Attorneys

Anja Freudenthal Immigration Law Office of Anja Freudenthal

Re: L-1 Intransfer Company Visa

You will need a lawyer to represent you. In recent past, the L-1 has been scrutinized more than other visas, and you will need somebody who can advocate on your behalf in India for yourself and your wife. Please contact me for further information.

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Answered on 8/25/03, 12:15 pm
Gabriel Jack Muston & Jack P.C.

Re: L-1 Intransfer Company Visa

I have not had very good luck with the Indian consulates for L-1A's. They seem to always be looking for a reason to say no. The last time, I actually I had to send an attorney to Indian consulate in Mumbai to argue our case and also sent e-mailsfaxes and made phone calls to the consulate to further argue it before they finally gave up the visa.

You need an advocate to send e-mails/faxes and make phone calls to argue your case.

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Answered on 8/24/03, 7:25 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: L-1 Intransfer Company Visa

Please contact my office..we need to see your business plan ..and documents submitted before we can advise. Please look at my website at www.lawyers.com/amyghosh

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Answered on 8/25/03, 12:17 am
Armen Tashjian Law Offices of Armen M. Tashjian

Re: L-1 Intransfer Company Visa

Mr. Gabriel Jack is absolutely correct. You need a lawyer who would aggressively advocate your position. It is especially hard for Indian nationals to get visas to US. So, there is no "magic advice" that someone could offer you over the internet to fix your problem. This could be very costly and you should choose your lawyer very carefully.

Good luck.

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Answered on 8/25/03, 1:28 am


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