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1 continuous yr within preceding 3yrs requirement
The rule below is getting confusing as my history seems to be slightly complex.
"The alien must have been employed abroad by the qualifying foreign employer for one continuous year within the three years immediately preceding his/her admission into the U.S. (Aggregation of several shorter periods is not allowed to make up one year.)
Authorized periods of stay in the U.S. for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the U.S. for business or pleasure shall not be interruptive of the one year of continuous employment abroad. However, any such periods shall not be counted towards one year of qualifying employment abroad."
Source: https://www.immihelp.com/l1-visa-requirements/
My History
1. I was part of Company A from Aug 2004 to May 2007 in India.
2. I then moved to US (as a rotational employee) and was there from Jun 2007 to Nov 2011.
3. in Nov 2011 I was converted to a US employee and was in the US from Nov 2011 to May 2012.
4. I then had to return to India in May 2012 and was re-hired into the same company as an India employee. However, I was only re-hired in Jul 2012 i.e.there was a gap of about 6 weeks.
5. I still work at the same company so overall I have been with this company for 8.5+ yrs but technically with a break of about 6-7 weeks between May 20th 2012 to Jul 9th 2012.
I need to be back in the US for an assignment in the 1st week of Jun.
So my question is -
Does three years immediately preceding his/her admission into the U.S mean 2010 Jun to 2013 Jun
OR
is the period of stay in US not counted so my 3 years would be Jun 2005 to Jun 2007 + Jun 2012 to Jun 2013?
If it's the former I suppose I wouldn't satisfy the 1 continuous year requirement. If it's the latter the period between Jun 2006 to Jun 2007 would satisfy the requirement.
"The alien must have been employed abroad by the qualifying foreign employer for one continuous year within the three years immediately preceding his/her admission into the U.S. (Aggregation of several shorter periods is not allowed to make up one year.)
Authorized periods of stay in the U.S. for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the U.S. for business or pleasure shall not be interruptive of the one year of continuous employment abroad. However, any such periods shall not be counted towards one year of qualifying employment abroad."
Source: https://www.immihelp.com/l1-visa-requirements/
My History
1. I was part of Company A from Aug 2004 to May 2007 in India.
2. I then moved to US (as a rotational employee) and was there from Jun 2007 to Nov 2011.
3. in Nov 2011 I was converted to a US employee and was in the US from Nov 2011 to May 2012.
4. I then had to return to India in May 2012 and was re-hired into the same company as an India employee. However, I was only re-hired in Jul 2012 i.e.there was a gap of about 6 weeks.
5. I still work at the same company so overall I have been with this company for 8.5+ yrs but technically with a break of about 6-7 weeks between May 20th 2012 to Jul 9th 2012.
I need to be back in the US for an assignment in the 1st week of Jun.
So my question is -
Does three years immediately preceding his/her admission into the U.S mean 2010 Jun to 2013 Jun
OR
is the period of stay in US not counted so my 3 years would be Jun 2005 to Jun 2007 + Jun 2012 to Jun 2013?
If it's the former I suppose I wouldn't satisfy the 1 continuous year requirement. If it's the latter the period between Jun 2006 to Jun 2007 would satisfy the requirement.
