L1 VISA - Did I interrupt 1 year continuous employment by visiting US on H4???

[vancitybasu]

Hi,

I am currently employed by a Canadian subsidiary of a US Company and will complete 1 year of physical presence requirement for L1 with continuous employment in July. My husband works in the US and is on H1B. Until February I have been visiting my husband on B2 VISA but recently, when he got a new H1B stamp, I decided to get H4 stamped as well. I visited my husband for 4 days (long weekend) in March on H4 VISA.

Recently, I was trying to calculate my eligibility for L1 and came across the USCIS L1 memo https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-11-15-PM-602-0167-L-1-foreign-employment-requirement.pdf .This says that any unemployed stay in the US interrupts the 1 year continuous employment requirement:

Periods of time the beneficiary spent in the United States without working (except for brief visits for business or pleasure in B-1 or B-2 status), or while working for an unrelated employer, interrupt the one continuous year foreign employment requirement.

However I was not unemployed when I used H4 to visit my husband. My question is whether my visit actually interrupted my 1 year continuous employment in Canada or will USCIS/Consulate consider this visit as a "pleasure" visit? The memo does not make this clear. Please help.

[Libra_14]

So the link says:

Subject to INA section 214(c)(2), an otherwise eligible foreign national may be classified as an L-1 nonimmigrant if, “within 3 years preceding the time of his application for admission into the United States, [the foreign national] has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and … seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge . . . .” INA section 101(a)(15)(L) (emphasis added).

The regulation at 8 CFR 214.2(l)(1)(ii)(A) defines an intracompany transferee, in part, as one “who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a [qualifying entity], and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof . . . .” The regulation further states “[p]eriods spent in the United States in lawful status for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the United States for business or pleasure shall not be interruptive of the one year of continuous employment abroad but such periods shall not be counted toward fulfillment of that requirement.” Id.

In short, if you were still employed with your outside USA employer & visiting USA just for pleasure, it does NOT interrupt your employement.

[yywwd]

Hi, I have the same situation and I'm wondering do you have answers from attorney? or do you finally get your L1 visa?