L1A visa "continuous" stay requirement for EB1C GC

[l1aquestions]

I am currently on H1b visa beyond 7 years working at a upcoming ~500 person startup that has been operating since 2014 and has offices in US, EU and India. I am at a senior managerial position reporting directly to the head of engineering at the company. I manage a large section of a product with a team of 10 software engineers reporting directly to me. I have been in the US for 13 years (came as a student in 2006 and then have been working in San Francisco area ever since).

The company is looking to expand in EU and India regions and wants more senior leaders to go help out so I have the option to go outside of the US and work for a year from either Europe or India. My personal situation is not perfectly suited to go outside of US for a "continuous" one year but I could probably stay outside of the US for 6 months this year and then again 6months next year or some such arrangement

Finally, I know I'll be eligible for L1A followed by GC in EB1C category if I can satisfy the "1 continuous year outside US in managerial role" requirement. My question is - do I have to stay outside of the US for 1 whole continuous year? If not, what is "acceptable" gap ? Reason is my wife works here too and we don't want her and my toddler to also go outside. The idea is that I can visit them every so often (every month or so).

Thanks for your help in advance.

[Libra_14]

I am currently on H1b visa beyond 7 years working at a upcoming ~500 person startup that has been operating since 2014 and has offices in US, EU and India. I am at a senior managerial position reporting directly to the head of engineering at the company. I manage a large section of a product with a team of 10 software engineers reporting directly to me. I have been in the US for 13 years (came as a student in 2006 and then have been working in San Francisco area ever since).

The company is looking to expand in EU and India regions and wants more senior leaders to go help out so I have the option to go outside of the US and work for a year from either Europe or India. My personal situation is not perfectly suited to go outside of US for a "continuous" one year but I could probably stay outside of the US for 6 months this year and then again 6months next year or some such arrangement

Finally, I know I'll be eligible for L1A followed by GC in EB1C category if I can satisfy the "1 continuous year outside US in managerial role" requirement. My question is - do I have to stay outside of the US for 1 whole continuous year? If not, what is "acceptable" gap ? Reason is my wife works here too and we don't want her and my toddler to also go outside. The idea is that I can visit them every so often (every month or so).

Thanks for your help in advance.

The definition says that you need to be "employed" outside USA for 1 year out of last 3 years. That doesn't mean you need to stay outside USA - you just need to be employed & got paid from non USA company. You can certainly keep visiting USA on B1/B2 visa during your tenure of "employment" outside USA.

Still all these things will easily take ~3 years from now to get your GC in your hand - even if all things go well in first attempt.

[l1aquestions]

The definition says that you need to be "employed" outside USA for 1 year out of last 3 years. That doesn't mean you need to stay outside USA - you just need to be employed & got paid from non USA company. You can certainly keep visiting USA on B1/B2 visa during your tenure of "employment" outside USA.

Still all these things will easily take ~3 years from now to get your GC in your hand - even if all things go well in first attempt.

Thanks, this is helpful. Given I am from India, a GC in 3 years is still lightyears ahead of what it's looking like currently for my priority date of May 2012

Another follow up question - do I need to go to B1/B2 visa or can I just continue being on my current H1b to visit USA?

[Libra_14]

Thanks, this is helpful. Given I am from India, a GC in 3 years is still lightyears ahead of what it's looking like currently for my priority date of May 2012

Another follow up question - do I need to go to B1/B2 visa or can I just continue being on my current H1b to visit USA?

No, you cannot user your current H1B for your non-work/non-paid visits to USA.

Get a new B1 visa or use your existing B1 (if any).