Is L1 a good option here?

[yesrahul]

Presently I am on OPT. I graduated with Masters Degree in Industrial Engineering in May 2005. I have OPT period valid till July 2006. I have a couple of questions.

Regarding L1 visa, my relative has a green card and owns a company in India and here in USA. I worked for his Indian company between 2001 and 2002. After that I came here for Masters in December 2002. I am presently on their payroll in India. If I get L1 visa through them, I will be working for his company. My query is,
1. If I go to India in November and stay there till May, can I show May 2005 to May 2006 as one year working experience for Indian company working outside USA? (Which is L1 requirement?)
2. Parent company in India has 8 to 10 people on pay roll and is working for about 12 years and has several customers in India. But USA based company is new, established in March 2005 and has only 2 people on pay roll (owner and wife). Presently they have only a couple of clients, as they are a new company. So my other question is, Will this company size, age etc be ok in sponsoring L1 VISA for me? Practically they can file petition, however what are the chances that L1 petition for this company get approved?

Thank you

 

[kaisersose]

Hmm...

Desi companies sponsoring L-1 visas are frowned upon by uscis. You will have to go over the small print and prepare meticulous documentation to prove you fit the bill. You will have to find a real good attorney who knows what he/she is doing.

If the above is diffcult, then H-1b is the way to go.