I am on H1B, Am I eligible for L1B ?

[massanu]

Hi all,

Here is the situation

- Worked for Company A from 11/2010 to 03/2013 in home Country Branch (France)
- Moved to the US to work for University B under H1B Cap exempt from 03/2013 to now
- Company A opened Branch in the US last year
- Company want me to come back and work for them in the US and eventually get me a Green Card

The solutions are:

1 - New petition for regular H1B (impossible to work for them in the US before at least october 2016, so I will have to go back home and stay there at least for a year)

2 - Petition for L1: Am I eligible ? It says need to have worked 1 years in the past 3 years before entering the US Soil. Can it work, I mean does the time spent in the US under H1B count in the past 3 years period of time or not ?

3 - Direct Green Card petition ? But I will have to go back Home for a while until i get the approval (maybe 1.5 to 2 years)

My goal is to come back to the US as soon as possible


I have seen that quote on the website https://www.immihelp.com/l1-visa-requirements/


"If the alien is already in the U.S. on some other work visa such as H1B visa for few years, it may still be
possible to get L1 visa from a qualifying employer as one year out of three years is counted BEFORE the admission
into the U.S."


Thanks you very much

let me know if you need more details

[massanu]

Hi guys,

Any help ? The company is waiting for my answer

This phrase here

"the alien must have been employed abroad by the qualifying foreign employer for one continuous year within the three years immediately preceding his/her admission into the U.S."

And this phrase from immihelp website:

"If the alien is already in the U.S. on some other work visa such as H1B visa for few years, it may still be
possible to get L1 visa from a qualifying employer as one year out of three years is counted BEFORE the admission
into the U.S."

So i really do not know if I qualify and should take the risk to accept the contract :/

[massanu]

Please guys any help on that...

[raghvi]

As you pointed out, there are two lines of thought on the interpretation of the "1 Year requirement", and the words "before entering US".

I would suggest to safeguard your position, you can tell the employer A that you would work for them only post the COS approval from H1 to L1, which, as it is, is a true statement since you cannot work for them without L1 approval. Ask them to file H1 to L1 COS in premium, so you get the result within few weeks, and join only once the COS is approved.

This is my opinion not legal advice.