1 continuous year out of 3 requirement question

[AKD_80]

Hi All,

I have a question on the one continuous year out three requirement for the application of L1 visa. My state is as follows:

Started work with current employer in July 2007 in India
Working in US office since Feb 2011 on H1
Need to transfer to L1 with same employer

Question: I read the USCIS website and it says that employee should have worked outside of US in one out or three years preceding entry in US. This make me eligible as I had all three years with the same employer.

However our attorney is not sure if it is three before entry to US or from the time of application. If its three before application for L1 I won't meet the eligibility.

Thanks.

[raghvi]

Hi All,

I have a question on the one continuous year out three requirement for the application of L1 visa. My state is as follows:

Started work with current employer in July 2007 in India
Working in US office since Feb 2011 on H1
Need to transfer to L1 with same employer

Question: I read the USCIS website and it says that employee should have worked outside of US in one out or three years preceding entry in US. This make me eligible as I had all three years with the same employer.

However our attorney is not sure if it is three before entry to US or from the time of application. If its three before application for L1 I won't meet the eligibility.

Thanks.

Though not explicitly stated it means " immediately preceding application for L-1 status" So IMHO it should be interpreted as one should have served for at least 1 year in outside US office before getting onto L1 status Also, you will be moving from H1 to L1 for the same company in same office same location so where is the question of an "Intra Company" transfer?

This is my opinion not legal advice.

[AKD_80]

Thanks Raghvi, the intra-company transfer point makes sense. That is probably why 1 out of 3 is needed from the time of filing so that you can use that one year to sight intra-company transfer.

I want to change from H1 to L1 so that my spouse can work. No other reason. She got a job offer from one of the big four but did not get selected in the lottery... we are just trying to explore other means, else another year will go a waste for us ...

Thanks again.