Apply for B1 and B2 and then H1B ...

formalizingBiz

Registered Users (C)
Hi, I have several questions, but let me describe my current situation and what I'd like to do at first.

I am a Japanese citizen and I am currently formalizing my internet business; I just formed a company in Delaware and plan to transfer all my personal assets (sites, cash, etc.) to the company. I'd like to get a proper visa so that I can operate the company in US 100% of the time in the future.

I have been going back and forth between Japan and US in order to do this using Visa Waiver Program. Since VWP lets me stay in US for only 90 days, I applied for B1 and B2 and just went to the interview held at US consulate in Osaka, Japan yesterday. Visa application was denied, though I even hired an immigration attorney to do this.

Only whoever denied the visa knows the answer; however, the letter I received from the consulate has two sides; one side is written in Japanese (which is the side that the second interviewer checked) and the other side is written in English. The following is a copy of the reason (in the letter) why visa application was defined.

"You appear to be eligible to travel without a visa using the Visa Waiver Program (VWP). If, after reading the attached information sheet, you still wish to apply for a visa, please resubmit your application with an explanatory letter." (The letter actually underlines the text. Also there is no "attached information sheet".)

The following is what I'd like to do, and I'd like to know if it's feasible or not.

1. I will go to US using VWP again (and stay there from around April to June), and I will complete all necessary paper work to transfer all my personal assets (sites, cash, etc.) to the company. The company will start receiving income instead of me personally. Also do all necessary paperwork to hire me as an independent contractor in Japan.

2. Meanwhile, I will meet an attorney, accountant or both in Japan to comply with all local laws and regulations to make myself an independent contractor in Japan hired by a US company (which is my company).

3. As I come back to Japan, I will re-apply for B1 and B2. The reasons that I would present are as follows (and more):

i) I have a client in US and I need to meet her to properly serve her.

ii) The company needs to properly manage its finance and I need to meet an accountant and an attorney to do so.

iii) Arrange all paperwork for the company to pay tax and comply with other laws and regulations.

iv) It can take over 100 days to do all these and more.

v) Though I own a company and do all these paperwork in US, I am employed in Japan (by a US company) and I receive income there, not in US; consequently, I do not have any intention to abandon the status and stay over 180 days (maximum time allowed to stay) in US.

q1. Is it likely that I would get B1 and B2 next time (in July 2006 or August 2006)?

q2. Do all these reasons sound legitimate?

q3. Should I be concerned about any of these because my visa application was just denied?

(Note: I do not have any criminal record, nor have I broken any law. Not even parking violation. I have not broken any immigration law. Once I get B1 and B2, I'd like to start preparing for H1B ...)
 
Your applying for the incorrect visa. That is why they don't understand why you need a B1/B2 visa since you are in the WVP.
To have an attorney doesn't guarantee that you will obtain a visa, though he/she should explain to you which visas are available to you for the type of plans that you have in mind.
A B1/B2 visa are non-immigrant visas to stay for a short period of time inside the US and you are not allow to work in the US.
You must apply to the correct type of visa since you are going to establish a company in the US where you are the owner and the one who is going to manage it.
You can check this and for this your attorney should know how to proceed correctly.

http://www.workpermit.com/us/employer_b1_b2.htm

Good luck,
 
cherr1980 said:
Your applying for the incorrect visa.

...

You must apply to the correct type of visa since you are going to establish a company in the US where you are the owner and the one who is going to manage it.
You can check this and for this your attorney should know how to proceed correctly.

http://www.workpermit.com/us/employer_b1_b2.htm

Good luck,
I heard about E-visa to do what I mentioned here, but doesn't it require that the applicant has a substantial amount of money in the bank?
 
There is the E1-E2 visas and each one came with its requirements, for everything you must pay, the wish is not enough. The E-2 I think is the one you must put a lot of money but the company is own by nationals. You can check more info about each visa over the internet or you can check with the US Bureau of Commerce or Chamber of Commerce or how its called to know what you can do. In this era things like that and without the proper immigration permission can put you in trouble if its found out. As I said your attorney if he/she knows about commerce procedures with the US then should guide properly.
Good luck,
 
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