L1A Home Country 1 year Rule

[abhibhar004]

Hello All,
Would appreciate previous experience on the home country 1 year rule clause for L1A/B visa strictness. My case a bit complex, so apologies for the bit of details below:
- Originally granted L1B (Company X) in May 2016, travelled and stayed in the US for 3+ years
- Due to personal reasons, came back to India in July 2019, but to Company Y
- Rejoined Company X in Oct 2020 and now been offered to go back to the same US office

So technically in the 2nd time around, I haven't completed 1 year in the Company X. But have been in the Company X from 2012-2016 (India) and 2016-19 (USA).
Wanted to know if there any special clause which can help in getting exception on the 1 year continuous service rule?

Potential Options:
- 1 year outside the US needn't been with Company X only
- Last 3 years (2018-2021) has service in Company X but in US but not India, if that can be counted

Thank You,
Abhishek

[Libra_14]

The rule says you worked for the same company (or its subsidiary) for 1 year in last 3 years outside USA.

Also, I guess your last L1B is expired by now, if yes, then you'll need to apply a fresh L1 visa this time & the above rule will apply for you.

And it is your own benefit to wait till Oct 2021 & get a fresh L1 - so that you'll get another 5 years.