Help with qualification period for L-1A Visa - Time spent in US

[Texas bound]

Hi all,

I hope someone can help me with rules on eligibility for L-1A visa.

I started working for a new company in the UK 6 months ago. The company is based in Texas. We have discussed and they would like me to move to Texas to take up an exec position. They are willing to go through the L-1A visa process.

This is all great apart from one question I cannot find a straight answer to. I know that I must be an employee of the company for 1 year before I can apply for L-1A visa but I have heard reports that time I spent in the US during this 1 year period will be counted against that 1 year eligibility.

ie I am concerned that if I spend 1 month in the US on business, this time counts against the 1 year and as result I will have to be employed for 13 months before I can get the visa.

Can anyone shed any light onto this question?

Thanks
BD

[raghvi]

Hi all,

I hope someone can help me with rules on eligibility for L-1A visa.

I started working for a new company in the UK 6 months ago. The company is based in Texas. We have discussed and they would like me to move to Texas to take up an exec position. They are willing to go through the L-1A visa process.

This is all great apart from one question I cannot find a straight answer to. I know that I must be an employee of the company for 1 year before I can apply for L-1A visa but I have heard reports that time I spent in the US during this 1 year period will be counted against that 1 year eligibility.

ie I am concerned that if I spend 1 month in the US on business, this time counts against the 1 year and as result I will have to be employed for 13 months before I can get the visa.

Can anyone shed any light onto this question?

Thanks
BD

Yes you are right, one of the basic requirement is "The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition". Generally its best to avoid travel to US during the 1 Year requirement period , but if it is absolutely necessary then the amount of time spent in US should not be added to meet the 1 Year requirement. With that said, merely spending 1 Year in a company doesnt guarantee an L1A. Apart from this there are many more requirements and supporting documents required for L1A.

This is my opinion not legal advice.