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L1 VISA 1 continuous year requirement
I am planning to apply for an L1A VISA but the rule below seems tricky because of my history:-
“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.”
Basically, are authorized periods of stay in US counted towards the "3 yrs immediately preceding admission into US" calculation?
Here's my actual history:-
1. From 8/9/2004 to 6/17/2007 for a duration of 34.7 months I was working for Company A in India.
2. From 6/18/2007 to 11/30/2011 for a duration of 54.2 months I was working for Company A as a rotational employee in US.
3. From 12/1/2011 to 5/20/2012 for a duration of 5.7 months I was working for Company A but as a US employee in US.
4. From 5/21/2012 to 7/8/2012 for a duration of 1.6 months I was technically not part of US or India entities of Company A. I basically returned to India on 21st May 2012 but wasn't re-hired until 9th July 2012.
5. From 7/9/2012 to 5/20/2013 for a duration of 10.5 I have been working for Company A in India.
Note: For point 5 I have put a May 20th 2013 Date (future) because I plan to apply for my VISA immediately after that date so that the 1 yr break will reset the clock too. I am also required to be in the US in the 1st week of June so that date works assuming I will apply for premium processing.
Given the history above, will I satisfy the condition for 1 yr continuous employment if I apply for my L1 VISA on say May 22nd 2013.
“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.”
Basically, are authorized periods of stay in US counted towards the "3 yrs immediately preceding admission into US" calculation?
Here's my actual history:-
1. From 8/9/2004 to 6/17/2007 for a duration of 34.7 months I was working for Company A in India.
2. From 6/18/2007 to 11/30/2011 for a duration of 54.2 months I was working for Company A as a rotational employee in US.
3. From 12/1/2011 to 5/20/2012 for a duration of 5.7 months I was working for Company A but as a US employee in US.
4. From 5/21/2012 to 7/8/2012 for a duration of 1.6 months I was technically not part of US or India entities of Company A. I basically returned to India on 21st May 2012 but wasn't re-hired until 9th July 2012.
5. From 7/9/2012 to 5/20/2013 for a duration of 10.5 I have been working for Company A in India.
Note: For point 5 I have put a May 20th 2013 Date (future) because I plan to apply for my VISA immediately after that date so that the 1 yr break will reset the clock too. I am also required to be in the US in the 1st week of June so that date works assuming I will apply for premium processing.
Given the history above, will I satisfy the condition for 1 yr continuous employment if I apply for my L1 VISA on say May 22nd 2013.
