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I would like to find, whether I pass the minimum requirement
to apply for L1 visa based on the below eligibility criteria listed in https://www.immihelp.com/l1-visa-requirements/
" The alien must have been employed abroad by the qualifying foreign employer for one
year within the three years immediately preceding his/her admission into the
U.S. The alien can be directly employed by the qualifying
organization, or paid through an agency or personal service company, or even on
a freelance basis, as long as the qualifying organization had management and
control over the worker during the qualifying year. "
I have been an employee of the qualifying foreign employer since
my joining in May 2013, but before do that, for close to 1.5 years i.e. from
Dec 2012 to May 2013, I had been working for the same foreign employer but as a
contractor. As a contractor, I was working at the foreign employer's office in
India and during my tenure my work/responsibilities were all managed and
controlled by the foreign employer except for the payment. And even after
becoming a full time employee for the qualifying foreign employer in May, my
duties and responsibilities have since not changed and I have continued to do
what I did earlier as a contractor.
So given that, my question is, do I have to, before
applying, complete one year i.e. until May 2014 as a full time employee or am I
covered under the clause “paid through an agency or personal service company,
or even on a freelance basis, as long as the qualifying organization had
management and control over the worker during the qualifying year ?” and can
file the petition now?
to apply for L1 visa based on the below eligibility criteria listed in https://www.immihelp.com/l1-visa-requirements/
" The alien must have been employed abroad by the qualifying foreign employer for one
year within the three years immediately preceding his/her admission into the
U.S. The alien can be directly employed by the qualifying
organization, or paid through an agency or personal service company, or even on
a freelance basis, as long as the qualifying organization had management and
control over the worker during the qualifying year. "
I have been an employee of the qualifying foreign employer since
my joining in May 2013, but before do that, for close to 1.5 years i.e. from
Dec 2012 to May 2013, I had been working for the same foreign employer but as a
contractor. As a contractor, I was working at the foreign employer's office in
India and during my tenure my work/responsibilities were all managed and
controlled by the foreign employer except for the payment. And even after
becoming a full time employee for the qualifying foreign employer in May, my
duties and responsibilities have since not changed and I have continued to do
what I did earlier as a contractor.
So given that, my question is, do I have to, before
applying, complete one year i.e. until May 2014 as a full time employee or am I
covered under the clause “paid through an agency or personal service company,
or even on a freelance basis, as long as the qualifying organization had
management and control over the worker during the qualifying year ?” and can
file the petition now?
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