Trying L1A - not working with same US employer now

[elkhouli]

Hi all,

I am trying to apply for an L1A visa with a US company through their overseas branch that I don't currently work for.

However, I left that employer around 6 months and had worked with them for almost 2 years when I left them - would I be eligible for L1A?
as per L1 requirement, the person should have worked for at least 1 year in the preceding three years..

Thanks

[raghvi]

Hi all,

I am trying to apply for an L1A visa with a US company through their overseas branch that I don't currently work for.

However, I left that employer around 6 months and had worked with them for almost 2 years when I left them - would I be eligible for L1A?
as per L1 requirement, the person should have worked for at least 1 year in the preceding three years..

Thanks

L1 is intra company transfer, what you are planning is a direct hire by the US employer without knowledge and consent of their overseas branch.

This is my opinion not legal advice.

[elkhouli]

L1 is intra company transfer, what you are planning is a direct hire by the US employer without knowledge and consent of their overseas branch.

This is my opinion not legal advice.

Thanks

So, if they know and consent , I guess it should be OK ?

[sasvi]

Thanks

So, if they know and consent , I guess it should be OK ?

No, most likely it is not OK. To be transferred you must be working with them before coming to US. Yes, I know you have mentioned working with them before the current employer but as soon as you change employers, you are basically now being hired in US so this is not an internal transfer... You can try to apply but, big risk, your visa will be denied by USCIS/Embassy because of the period you were working for another company.

Also, the L1A is for people on executive or managerial capacity. You didn`t mention if you meet criteria for L1A. There is a lot of abuse now in the L1A - people that do not qualify and want to get a first priority permanent residence. This is creating a huge backlog for EB1C (mainly India and China) and making visas not-current. So, I imagine the USCIS will look into every single case with higher attention and stop approving cases that are in a gray area.