B1 Visa for a start-up partner

[maddz]

Hi all, I have over 14 years of work experience with some large MNC software companies and have traveled to US on B1 and L1 multiple times. Have also traveled to other countries on work. I recently (6 months) ago started a company along with two partners. We currently have some US customers and are looking to grow the business in US for which we need to travel to the US for sales and marketing. I do not have a valid B1 visa (old B1 expired) and am looking to apply for the same. Reading this site on B1 documentation, I saw a line which says that my chances of getting a B1 visa are drastically reduced if I've recently started a business (less than 1 year).

Our business is just growing and we have just about 5 employees and since it is a startup we are not making a lot of money right now to show strong financials of the company. I can show my personal bank balances and the capability to fund and manage this trip on a personal level. How do I actually present my case and what are the considerations I have to make.

Any help or advice is much appreciated!

[peace999]

Yes, B1 can be denied if you have a fledgling startup with not so great a turnover.
It is so officer discretion dependant. One option is to talk to a professional ; an immigration attorney
there is a branch of a top US immigration att. in chennai. They can help you prepare your application.

Second option is to apply for a pleasure visit with your family . Have your spouse/kids been to US before?
If you got your last visa after 2004, you won't have to be interviewed.
If you get a long term B1/B2, you can use it for B1 as well.

[maddz]

Peace999, thanks for your response.

My family has traveled with me to the US... so pleasure trip is not an option I guess

Ok, so I need to talk to an attorney now. Could you please suggest the attorney name in Chennai with whom I can discuss.

[peace999]

No, that is a good thing if they have been to US.
I think you can try the pleasure trip route.
Please tell me;
* do they have their visas or they are expired too.If expired, when did they expire?
* WHen was the last time they went to US with you on a pleasure trip?
* when did your visa expire?
* How much documented income from all sources can you + wife show in the last year?
* do you or your wife have any relatives in US ? on what visas?

[maddz]

Peace999 here are the answers to the questions

* do they have their visas or they are expired too.If expired, when did they expire?
My wife traveled with me on L2 which is now expired. However she has a B1 valid (processed through her company) for another 7 years.

* WHen was the last time they went to US with you on a pleasure trip?
It was never a pleasure trip. They were with me on my L1.

* when did your visa expire?
My last L1 expired in Aug 2012 - But then I had left the company that processed it in April 2011. Guess April 2011 is the expiry.

* How much documented income from all sources can you + wife show in the last year?
Over 40lacs / annum

* do you or your wife have any relatives in US ? on what visas?
Oh! many relatives and cousins in various visas L1, H1B, GC, Citizens!!!

Does my answer help change anything for me??

[peace999]

I think you have a great chance at a pleasure trip.

You have good income, both of you are working, you have a strong reason to visit US
( visiting relatives), plus you have been to US before, and your wife already has a B1/B2.

*Pick a very close relative in US for you or your wife that would seem natural to visit
duing summer vacation for kids. Get a simple invitation from him/her.
*If your last B1 was issued after 2004 you could be eligible for an interview-waiver.
*You will have to apply for your kids as well.
If your kids are younger than 14 they do not need to go for the interview.
* apply for a short period not more than a month matching the kids' vacation period.

[maddz]

Thanks for the inputs Peace. However, my requirement of a B1 is not a onetime trip. There is a need to make multiple trips and I'm not sure how a visa granted for social visit will be viewed if I travel very often.

If there is a way to put up a case with enough documentary proof's then I'm willing to go down that path. It will be helpful for me to have the B1 visa for business purposes.

Let me know if I should be seeing this differently!!

[peace999]

THe visa granted is B1/B2 always whether you present a business purpose or a visitor purpose.
I thought you knew that since you and your wife had a B1/B2 issued before.

This means that once granted you can use it for either business or pleasure.
Unless restricted by a note on the visa.

With your background it is very likely you will get a B1/B2 with multiple entry 10 yr validity without any restriction.
So you can use it as many times as you want.

If by some likelihood, you get a shorter validity visa, you can apply again, and it will be much easier.

[maddz]

Peace thanks once again!

I do realize the Visa that I will be getting with the visitor purpose. If push comes to shove, then I will have to consider that route and pray that they don't mark something that makes it difficult for future travel. It is just peace of mind if there is a way to go about the whole process and not leave something for chance