L1B One Year Eligibility

[visafaq]

Hi,

I have been employed with my current employer since Oct 2012, I was in the US for the first three months of my employment on B1 (on Non-US payroll), now my employer wants to apply for my L1B in the month of Oct 2013 as I would be completing 1 year of my employment outside of US -Will I be eligible considering 1year: 3year rule?

Thanks in advance.

[raghvi]

Hi,

I have been employed with my current employer since Oct 2012, I was in the US for the first three months of my employment on B1 (on Non-US payroll), now my employer wants to apply for my L1B in the month of Oct 2013 as I would be completing 1 year of my employment outside of US -Will I be eligible considering 1year: 3year rule?

Thanks in advance.

No. You would gain eligibility only in Jan 2014 as time spent in US will not be added. By the way what were you doing for 3 Months on B1? Be prepared to answer that question in case it comes up during L1 interview.

This is my opinion not legal advice.

[lisaanderson]

No, only time spent outside of the U.S. is counted unless there are short trips or incidental travel. Since you were here three months straight, it will most likely now work. You will need to wait until you have spent 1 year in the foreign country.

[Samuel Beckett]

If you have multiple Entry Visa means it is possible to travel.. but you have applied for B1 so you have to wait for 1 year to get the visa.