Which Visa to get?

robinlow

Registered Users (C)
I was on a H1B visa from 2001 - 2003, and after quiting my job, I was on a B1 visa, travelling in the US for 6 months before going to Taiwan to setup a business.

I returned to the US in 2004 on a B1 to setup a company and visit trade shows. The company I started in Taiwan participated in a trade show and we got more information on the direction the company should take.

I stayed in Taiwan in 2005 for Research and development, and returned to the US to do some market research on a B1 visa again in 2006. (Did not solicit for customers) I also set up and outsourced warehouse operations and got a distributor in the US to sell my products. Online sales were also outsourced.

But in December, after entering and leaving the US multiple times, a customs officer asked me why I come to the US so frequently, and I told them I had a business which has hired 4 part time staff here.

The customs officer asked me why I would be in US if I did not give myself a salary, and how I would support myself in the US, and I showed him my $50k in my US bank account statement. He did not understand that as an owner of the company, I did not need to give myself a salary as when the company makes money, a shareholder (me) can get a payout, but it would be taxable.

I was more interested in growing the company to a point where a larger company will buy me over in a few years for a lot of money, but while I'm growing the company, I would need to enter the US frequently as that it was one of my markets.

The customs officer told me that I needed to go to the US consulate as he told me what I'm doing is illegal.

I followed his instructions and the US consulate requested that I get a B1/B2 visa, though I already have one, and being a Singaporean, the visa waiver program did not require me to have a visa to enter the US.

I applied the B1/B2 visa on the grounds that I wanted to visit 4 trade show in the US and I would set up a booth in one of the trade shows. And the trade show were spread across 5 months, so I decide to stay in the US and possibly drive to Canada on the same I-94 (Which I've done frequently).

The US consulate in Singapore rejected my visa application as they think 6 months is a long time for trade show, even I when I showed them proof of the trade shows I was going to.

As I had a business meeting with my distributor in NY, I left London to NY and entered on the visa waiver from Singapore, and the customs held me for about 1 hour, as they told me my visa application was rejected and I was not allowed to enter the US until I get a valid visa.

I was just entering US for a 3 day business meeting and I had an outbound ticket booked, and I am shocked that the customs people would prevent me from coming to the US to do business. They told me that they are giving me a final warning to get my visa, and would not elaborate on what I should do to get my visa, and what visa I should get.

I am now in New York, and I'm returning to London soon, but I need to be back in the US in march to do my taxes, and this visa situation is getting really hindering.

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

I need advice on what steps to take to ensure I get a visa.

I own a LLC company in Boston, but the company is not paying my salary as I outsource almost everything.

I need to come to the US from time to time, and since the other companies in the other countries are also owned by me, I am not sure what my other companies could do to get me the visa to get into the US.

I plan to grow my company in 2007 and in 2008 hit $1MM in sales, but not being in US for trade shows and meeting up with clients and my staff is preventing me from doing that.

What can I do and which visa should I apply for?

And how should I go about doing that? (what documents do I need?)
 
You actually got lucky. If you look at the back of the I-94W form, one of the questions asked is about any US visa denial. Since you had already applied (and got denied) for a B-1 visa, the officer at JFK could have denied you entry.
You need to talk with a competent lawyer who specialises in business/entrepreneur related visas. Make this current visit as short as possible and certainly do not attempt to use VWP again before your chat with a lawyer.
Good luck!!!
 
Top