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When can I apply for L1A?

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  • When can I apply for L1A?

    I was on H1B till march 2011 and resigned from big corp and joined startup in bay area but moved to India and was working from India

    We incorporated subsidiary of this company in India in Sep 2011 and I am one of the executive director.
    My post is dir of eng and around 20 folks report to me. I am involved in strategic decisions, day to day execution as well as sales for this new company.

    My CEO has agreed to move me back to US on L1A. Now my questions,

    1. Do I need to wait for 1 calendar year to file for new L1A?
    2. When can I file for L1A? Can I file in Mar 2011 when I am outside of US for 1 year and working in managerial role for 1 year or do I need to wait till Sep 2012 to show that I was one of executive of subsidiary

    TIA

  • #2
    please help

    Can anybody please help?

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    • #3
      Did you check this link?


      In order to get a fresh 7 year term in L1A, you need to stay out of U.S for 1 whole year.
      Not a legal advice. Use of this information is strictly at your own risk.

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      • #4
        Thanks for reply. I am aware about 1 calendar year outside of US
        But during that calendar year I was not employed with subsidiary.
        I was working with parent company but remotely from India till Sep and when subsidiary got incorporated, I became exec of that subsidiary (head of india operation)

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