L1 Visa without being at offshore for 1 year.

[vickysingh]

Hi,My wife joined her employer in India in June2010 and then after working in India for the employer for 6 months she traveled to US on L2 dependent Visa after taking leave on Loss of Pay with her indian employer and remained at home for 3 months. After getting EAD her indian employer placed her in an onsite project in US.

Now Can her employer file her L2 to L1 visa conversion or she needs to go back to india and work for her employer for another 6 months to fulfill condition of 1 year work outside US. OR is she required to go back to india and work for her employer just for 3 months as she worked for her employer for 6 months before coming to US and then she was at home(not working) in US without job for 3 months with same employer but on loss of pay (would her loss of pay time in US be counted in her 1 year offshore work limit). So it becomes 9 months with job otuside US as she was with same indian employer in records and on loss of pay. So only 3 months left in 1 year limit. OR can her employer directly file her L1 and L2 stay is counted in 1 year out of US work. Please suggest how it would work.

[raghvi]

Hi,My wife joined her employer in India in June2010 and then after working in India for the employer for 6 months she traveled to US on L2 dependent Visa after taking leave on Loss of Pay with her indian employer and remained at home for 3 months. After getting EAD her indian employer placed her in an onsite project in US.

Now Can her employer file her L2 to L1 visa conversion or she needs to go back to india and work for her employer for another 6 months to fulfill condition of 1 year work outside US. OR is she required to go back to india and work for her employer just for 3 months as she worked for her employer for 6 months before coming to US and then she was at home(not working) in US without job for 3 months with same employer but on loss of pay (would her loss of pay time in US be counted in her 1 year offshore work limit). So it becomes 9 months with job otuside US as she was with same indian employer in records and on loss of pay. So only 3 months left in 1 year limit. OR can her employer directly file her L1 and L2 stay is counted in 1 year out of US work. Please suggest how it would work.

Any particular reason why an L2 to L1 is required?

One of the Eligibility is "one continuous year within the three years immediately preceding his or her admission to the United States".

Unless she travels back, and works for at least 1 Continuous year with her employer she will not be eligible for L1.

This is my opinion not legal advice.

[vickysingh]

Any particular reason why an L2 to L1 is required?

One of the Eligibility is "one continuous year within the three years immediately preceding his or her admission to the United States".

Unless she travels back, and works for at least 1 Continuous year with her employer she will not be eligible for L1.

This is my opinion not legal advice.

Raghvi,thanks for your quick response. But I have seen on many threads started by me that you are not providing correct information. That adds to confusion. After seeing this happening many times I would request you not to post response unless you are even 50% sure of your response. To clarify "one continous year" means that you should be employed with the same employer for atleast 1 continous year,you can not leave the employer and then rejoin after 6 months and say i was with employer for 1 continous year. If you have worked for the employer for 7 months and then travel for the employer for 2 motnhs on b1. Then to be eligible for L1,you have to go back and work for another 5months. One continous year does not mean one has to then go back and work for 1 year again if he/she spends 2 months in USA.


However not to go off the thread my question was my wife spent 3 months in Us on L2 visa not working. Do those 3 months would mean that 1 year offshore work counter stopped when she came on L2 visa as it is not work visa or her 1 year offshore work counter stops once she joins a company here on EAD and starts working for it.

[raghvi]

Raghvi,thanks for your quick response. But I have seen on many threads started by me that you are not providing correct information. That adds to confusion. After seeing this happening many times I would request you not to post response unless you are even 50% sure of your response. To clarify "one continous year" means that you should be employed with the same employer for atleast 1 continous year,you can not leave the employer and then rejoin after 6 months and say i was with employer for 1 continous year. If you have worked for the employer for 7 months and then travel for the employer for 2 motnhs on b1. Then to be eligible for L1,you have to go back and work for another 5months. One continous year does not mean one has to then go back and work for 1 year again if he/she spends 2 months in USA.


However not to go off the thread my question was my wife spent 3 months in Us on L2 visa not working. Do those 3 months would mean that 1 year offshore work counter stopped when she came on L2 visa as it is not work visa or her 1 year offshore work counter stops once she joins a company here on EAD and starts working for it.

I quoted the requirement from the USCIS website. I would leave it you or your lawyers to discuss with USCIS to interpret the words as its suitable.

The definition further states that :

" Periods spent in the United States in lawful status for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the United States for business or pleasure shall not be interruptive of the one year of continuous employment abroad but such periods shall not be counted towards fulfillment of that requirement. "


Again in my opinion, and to rephrase what I said earlier, she has better chances of satisfying the 1 Year criteria, if she stays, works and gets paid with the company, outside US, for one full continuous year.

Not to forget that 1 Year continous employment is just one of the condition. Most of the L1 applications are being denied on unablity to provide evidence that one does have specialized skills or managerial skills.

Also, I never claim to be an expert and will only be glad to learn and correct my understanding. To add to this, no one should blindly follow and implement advices given on a public forum without consulting independent legal experts.


This is my opinion not legal advice.