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I have a B1 now, applying for an H1B visa?

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  • I have a B1 now, applying for an H1B visa?

    Hi there,

    I have a question. I started a sister foundation in Europe of a foundation that is already active since 2001 in the US. The European foundation started by the same founder as the US founder and me as Vice President and CEO. And is started September/October 2011.

    Now i have filed for a B1 business visa and is approved with the M status as multiple entry. I went to the US in June 2011 for 3 months and created the company when i was in Europe for the two weeks. I was in the US with a 180 days visa waiver. I stayed 2 weeks in my home country and in October 2011 i flew to the US again, stayed 6 months and applied for extension of 6 months wich was approved. I had documentation with me when getting my visa at embassy, port of entry and with extension it all stated exactly that it was training purposes. In October 2012 i need to leave to Europe again.

    My questions are:

    1. I go back home and let the company in the US (sister company) apply for a H1B visa, right? As they want me there to work directly for them. With the cap being reached in June 2012 we have to wait for application April 1st of 2013? And ask for start date October 1st 2013? When do i send it in? Right a day before April 1st to make sure i am quick? And apply for premium to be sure in the race for October 1st 2013? Also does a lawyer need to be involved or no? What are total costs?

    2. If i leave October 2012 after a year and on B1 and also 3 months before on visa waiver in the US which was for training purposes, what is the earliest with the B1 i can come back to the US sister company as my boss is the same as the boss in the US. In fact, he is my business partner as we both are responsible for the European organization. So, when can i come back to the US without being questioned and also how long can i stay that next time? I work and get paid for the Dutch organization so i can show salary slips as well as employment contract, health insurance and tax papers that i paid tax in my own country. I can show i live at a Dutch house and i have family and have a document with flight information back and official documents of the foundation with me. Or can i just enter the US as much as i want to?!

    3. Can it be easier to file L1A visa instead of H1B as with an H1B visa there is a minimum salary attached? But then again the company in Europe needs to exist longer than 1 year and including me being employee. And also we need to have at least one employee left in the organization in Europe and continue that organization in Europe. But what is the minimum required revenue for the organization in Europe to make it work?! Even when it is a non-profit foundation?!

    Hope you can help me out Cheers!

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