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L1A Job & Location Requirements

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  • L1A Job & Location Requirements

    I am in the US working for a multinational company with an H1B visa expiring in a couple of months. My company tried getting me a green card, but after receiving too many resumes for my position, the lawyers advised my employer to drop the PERM process altogether. Instead, they advised to send me aboard for one year and get me back to the US on an L1A visa.

    The company wants to send me to Canada or the UK as we have large offices there, but I am more interested in going back to my home country in the Middle East. My company has a small presence in my home country, but I will be working from home, as my division does not have a significant footprint there, managing people globally (mostly in the US).

    I am concerned about eligibility for the L1A when I apply in one year. I read that one of the requirements is for the sponsoring company is to be doing business in the United States and the other country, and that this does not include the mere presence of an agent or office abroad, if no actual business is being conducted there.

    I am concerned that the immigration authorities and/or consulate will argue that my presence in my home country does not qualify me for an L1A visa since my job is global in nature and is not related to business conducted in the foreign country. However, I could not find any documentation on this issue online.

    Are there any restrictions on the type of role one performs outside the US which tie it to the foreign country (i.e. is it ok if everyone I manager is in the US)? Put differently, are the requirements for the sponsoring company to be doing business in a foreign country and the requirements of the job to be managerial in nature completely independent of one another?

    Thanks

  • #2
    anyone?!

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    • #3
      Any piece of information would be apperciated.

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      • #4
        anyone?

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        • #5
          As per my knowledge nothing like that. If your company has valid client and project in USA then they can file L1 again or even if you are going outside of USA for 1yr, then they can file a new H1b also.
          [Note:- I am sharing my views, contact your attorney for the best advice]

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