Possibility of re-hire on L1B ?

[l1bquest]

Hi all,

My wife worked for a big MNC in India for 2 years from 2009 to June 2011. We got married later that year and she came to the US on H4 visa in December 2011. Now the company with whom she worked in India has offered her an opening for a position in the US. They wish to apply for her L1 under a blanket petition and want her to travel to India to get the visa stamped.

1. Most important question: Considering that she stopped working for the company in India just over 2 years back ( 2yrs and 1 month to be precise ), does she qualify for L1-B under the "Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States" clause for L1-B petitioners? Will they deny it on the basis of not meeting the 1 year criteria? Or the fact that she worked for 2 years continuously prior to that work in her favor?

2. If at all we do take the step of traveling to India and applying for the visa at the consulate, will her H4 visa be in jeopardy if they deny her L1B petition?

This is a very unique case as she is not a current employee of the company in India but she "may" be eligible for a particular class of visa.

Please give me your honest opinions. Much appreciated.

Regards

K

[lisaanderson]

1. She may not be eligible because she doesn’t meet the one year criteria. In the last 3 years, meaning 7/2013 to 7/2010, she worked for 11 months- 7/2010 to 6/2010. Unless you are able to show she was actually working through July.
2. Applying for the L-1B shouldn’t affect her H-4 visa. The H-4 remains valid unless it’s cancelled by the consulate.