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Going back to previous employer - Can I use the existing L1 from them?

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  • Going back to previous employer - Can I use the existing L1 from them?

    Hello,
    I would appreciate some advice/help from you regarding which visa can/should I travel on to the US?

    Background
    • I worked with Company X as a Company X India employee from 2001 to January 2008
    • From February 2008 till now (October 2009), I've been working with Company Y. I am currently located in India
    • I am seeking re-employment with Company X which is likely to start by December 2009. This time I am seeking employment with Company X's USA office
    • From my first employment at Company X India, I have a L1 that will expire in December 2010.


    My Questions are
    • Can I use the existing L1 to get employed by Company X in USA?
    • Would I need a new L1 to get employed by Company X in USA?
    • Is H1 my only option?


    My perspective is that I should be able to travel on the existing visa or a new L1. I am basing my statement on the following line 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. I picked this up from the department of state website.

    Any help would be appreciated!!

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