L1-A min work ex Q - working from home in another country and employed in India

[Rahum]

I am Indian, live in France on family visa w/o work permit since last 1 yr and since then employed in India at senior role with salary/taxes paid in India. I work remotely from France for India office through internet and manage teams and clients. This arrangement was approved by my employer as one of my requested joining condition. Now my employer wants me to transfer on L1-A visa to US office from India. Petition has not been filed.

As L1-A visa has one of the crucial rule of min 1 year work ex with present employer, would in my case US consulate recognize this as eligible work ex where I worked without work permit in another country through internet for my employer? I assume once they see the passport they would know this and suspect a visa fraud done in France. I did not receive any salary in France and never worked for any French employer but still it makes my case little hazy in my opinion.

Any thoughts from experienced folks ? Accordingly I want to take decision of either moving back to India or leave this opportunity, but both have their own big disadvantages.

Many thanks.

Rahul M

[raghvi]

I am Indian, live in France on family visa w/o work permit since last 1 yr and since then employed in India at senior role with salary/taxes paid in India. I work remotely from France for India office through internet and manage teams and clients. This arrangement was approved by my employer as one of my requested joining condition. Now my employer wants me to transfer on L1-A visa to US office from India. Petition has not been filed.

As L1-A visa has one of the crucial rule of min 1 year work ex with present employer, would in my case US consulate recognize this as eligible work ex where I worked without work permit in another country through internet for my employer? I assume once they see the passport they would know this and suspect a visa fraud done in France. I did not receive any salary in France and never worked for any French employer but still it makes my case little hazy in my opinion.

Any thoughts from experienced folks ? Accordingly I want to take decision of either moving back to India or leave this opportunity, but both have their own big disadvantages.

Many thanks.

Rahul M

What you and your employer seem to be doing is illegal from French immigration perspective as one needs valid work permit to work from France, even if doing remotely. Secondly how would you prove you are working out of India when actually you are in France. Now, whether USCIS will analyse this is detail or not cannot be predicted.

This is my opinion not legal advice.