L1 eligibility (have one year with employer which includes 3 months B1 stay in US)

[phanikondaveti]

I am working for my employer in India since one year (September 2007), my employer wants to file a L1 petition for me but the problem is with in this 1 year I have been in US for 3 months(jan- april 2008) on B1 visa.

Many say that the 3 month B1 visa stay in US would not count for my 1 year eligibility for applying L1 visa. Is it true do I need to wait for three more months and then apply my L1 or can file a petition now itself ? please advice. Thanks in advance.

[txh1b]

Was your B1 stay while working for the same overseas employer? If so, you do qualify.

[phanikondaveti]

I work in merrill Lynch India and I have been on B1 visa to Merrill Lynch US to get trained . So you mean to say that it could be counted in the 1 yr eligibility period?

[txh1b]

Yes. As you were still employed by the overseas company during the trip.