L1B applicatoin timing

[jonashat]

Hi all,

I would like to clarify the right time to start the L1B application, because I have heard two opinions:

1. My Employer will wait until I complete 365 days in a branch outside the US and only then will start filling the necessary forms/petitions and pay the required fees.

2. My Employer will apply immediately for my L1B, but I'll not be able to enter the US except after the completion of the 365 days (and arguably the day I enter will be determined by the visa, so I must be entering the US precisely on that date.)

Your feedback is greatly appreciated.

[mickey_mouse]

Hi all,
1. My Employer will wait until I complete 365 days in a branch outside the US and only then will start filling the necessary forms/petitions and pay the required fees.

2. My Employer will apply immediately for my L1B, but I'll not be able to enter the US except after the completion of the 365 days (and arguably the day I enter will be determined by the visa, so I must be entering the US precisely on that date.)

Opinions are like noses - everyone has one. Let's stick to the law - according to http://travel.state.gov/visa/temp/ty...pes_1271.html:

"L classification applies to intracompany transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity;"

So _before_ applying your employer needs to provide proof you have been employed and have been working for him abroad for at least one (1) continuous year - applying "now", "because after all processing is done it's gonna be one year anyway" won't work.

And no, you DO NOT need to enter the US the same day your L1 visa kicks in - you can enter ANY DAY between the (visa_start_date-10 days) and the last day of visa validity.

So if your visa was stamped for validity between 20-Sep-2007 and 19-Sep-2010, you might enter the US legally on 11-Sep-2007.

And also remember: you can "reclaim" any time on your visa spent outside the country. Taking the previous example, say you go back to your country or another country for any reason (family, work, whatever) for 6 months, starting 01-Jan-2008. You can ask for your L1 visa to be "extended" for those 6-months you weren't physically in the US.

[jonashat]

Thanks a million! your explanation makes sense.