Am I eligible for L1 visa ?

[jjinka]

Hi,

I was working for Company X from Jan 2003 - Aug 2009. From Sep 2009 company X sold our division to Company Y [ so I am employed with company Y since Sep 2009 ]

I am still working at Company X (on Company Y L1 Visa) in USA because Company X outsources its work to Company Y. Now they want to hire me back. But today I figured out that H1 cap will be over by this week. I dont see a posibility for H1 this year.

I read in https://www.immihelp.com/usa-visas/l1/ about eligibility. As per the details, if feel company X can file my L1 petition. Am not sure if I am reading it correctly ? Can somebody help me understanding if I am eligible for L1 petition ?

Thanks,
Ramesh

[raghvi]

Since when are you on L1 through Company Y ? Assuming Company X and Y are not affiliates, or subsidiaries. In my opinion , if you have been employed with the foreign subsidiary of X for 1 Year in last 3 Years and X was processing Payroll for you for at least 1 Year in Last 3 Years X can file L1 for you. This is my opinion not legal advice, do consult experts too.