F1 to L1 question, strange situation

[Sana Bana]

I worked in company X in India from June 2007 - July 2011. In July 2011, I quit the company and in August 2011, I entered the USA on a F1 visa to pursue masters. In May 2013, I finished my Masters degree and started working in the same company X's USA office from August 2013. It is December 2013 now and in April 2014, X is going to sponsor a H1B visa for me which I do not want.

Am I eligible for L1 visa so that I can ask the company to sponsor L1 visa instead? I'm interested in getting the L1 visa so that my spouse can work.


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; and

When they say admission to the USA, my admission to the USA was in August 2011 under F1, so does it mean I am qualified? This is very confusing to me.

[raghvi]

I think interpreting it this way may not be correct. The way I look at it is "immediately preceding his or her admission to the US on L1".

If you apply in Dec 2013, you should have been employed for one year that is between Dec 2010 - Dec 2013...you weren't, so you might not be eligible.

Also, L1Bs are generally for specialized skill sets, USCIS might be interested in knowing how you maintained the specialized skill set knowledge despite being away from the company from July 2011 till Dec 2013?

Nonetheless, I would suggest you pursue the same with a good attorney.

This is my opinion not legal advice.

[Sana Bana]

yeah, I believe I should speak to an attorney about this. If I end up being not eligible, maybe I should just suck it up and get the H1 visa or leave the US altogether. I'll update on how it goes with the immigration attorney.

[Sana Bana]

you were right.
just to reconfirm I did go to an attorney and it seems I'm not qualified. I believe I have to go with the H1B visa.


thank you very much for answering my question