L1B eligibility as contractor

[dolphinkumz]

I used to work as a software engineer for a company in Chennai on a permanent employee basis. Our head office is in California.

Here are some key dates of my career with this company

Aug 2007 - Joined the Chennai branch
Nov 2010 - Moved to head office in Oakland on L1B visa
Mar 2013 - Moved back to India and became an individual contractor for the same company, Chennai branch

I am still a contractor and now i need to go back to our head office in California & work there as a full time employee for the same company; do i meet the basic criteria for L1B - 1 year work experience for the employer ?? Essentially i have been working for the same employer about 10 years till date.

[inadmissible]

"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" https://www.immihelp.com/l1-visa-requirements/ he provides no citation to support this statement

"The Service has taken the position that an actual employment relationship must have existed. An independent contractor who performed services for a foreign company does not satisfy the one-year employment abroad requirement even if the contractor's employment was completely controlled by the company and the contractor did not work for any other entity. In Irene's case, she did not satisfy the one-year employment abroad requirement because the foreign company must have employed the L-1 beneficiary directly, as an employee of the company" she provides no citation to support this statement

[dolphinkumz]

thanks @inadmissible; looks like there is no hard & fast rule stating it & solely at attorney's discretion. Will keep my fingers crossed.

[Asil]

Hi, I have been working as independent contractor US based company for more than 3 years. I would also like to apply for L1B. What was your result? Is this possible?
Thanks!