L1 eligibility - 1 year out of past 3 employment in foreign country

[purnima_9382]

Hello,

I need some help to understand if I meet the eligibility criteria for L1A.

1. Traveled to the US in Jan 2018 on H1-B (client company A, employer company B)
2. Returned to India in Mar 2019 for personal reasons (continued working as vendor for company A, employer was still company B)
3. Traveled back to US in Aug 2019 on H1-B (client company A, employer company B)
4. Returned to India in Jul 2020 as visa was about to expire in a month and did not want to extend amid Covid (resumed working as vendor for company A, employer was still company B)
5. Joined company C in Oct 2020 (internal client vendor consolidation) and all the while client has still been company A
6. Converted to a full-time employee by client company A in Mar 2021.

In short, I have been working as a vendor in a Business Analyst role for company A since 2018, and in between traveled to and back from US. Got converted as full-timer with same company A in Mar 2021.

Do I meet the 1 year with foreign company criteria to apply for a L1A now? I am employed in a managerial capacity in company A.

Please advise.

Thanks,
Purnima

[Libra_14]

No, you did not worked as employee for Company A (you worked as consultant) - So you do not qualify for L1 sponsorship by Company A.