L1 filing questions

[pritamkd]

I had a L1 blanket visa from my earlier company, when I was employed in their India office. Now they plan to hire me back in their US office.

Since by definition, the L1 rules mention that an 'Individual should have worked for the company for a period of 1 year in the last 3 years', can they still file and hire me on a L1 visa?

I haven't joined them as yet, and its not been 3 years since I left. I was with them for more than a year before I left their India office.

Or do they need to file a H1B visa?

[raghvi]

L1 filing questions

As far as I know L1 is for intra company transfers, by definition "enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States". In your case, if you are not employed in the Company's India office, how can the transfer happen from India to US? But at the same time as you already have a L1B stamped, you might be able to travel to US and work for the Company, but it might be a problem whenever you file for extension later on as you might have to show experience letters for the time period when you were not employed with the India office. This is my personal opinion, please do seek expert and legal opinions as well.