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L1-B Visa 1 year rule

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  • L1-B Visa 1 year rule

    My wife worked in a company ( say Company1) in India from July 2006 to March 2010. She was in US on L1-B from Nov 2008 to July 2009.
    She moved to US with me on L2 (on my L1-B) in June 2010 and left Company1 and as result her own L1-B was invalidated. She worked on 2 companies before joining Company1 again (US subsidiary) in June 2012.
    Her L2 is valid till Dec 2012 and can't be extended. Company1 wants to file L1-B (blanket) for her.
    1) Since L1-B was already filed for her (and she used ~1 year of it), can a fresh L1-B be filed again?
    2) How does a US consulate compute minimum 1 year requirement working in non-US location for the same company? Do they calculate it based on the filing of L1-B (Aug 2012) or first entry into US (Nov 2008).

  • #2
    Originally posted by nitinbps View Post
    My wife worked in a company ( say Company1) in India from July 2006 to March 2010. She was in US on L1-B from Nov 2008 to July 2009.
    She moved to US with me on L2 (on my L1-B) in June 2010 and left Company1 and as result her own L1-B was invalidated. She worked on 2 companies before joining Company1 again (US subsidiary) in June 2012.
    Her L2 is valid till Dec 2012 and can't be extended. Company1 wants to file L1-B (blanket) for her.
    1) Since L1-B was already filed for her (and she used ~1 year of it), can a fresh L1-B be filed again?
    2) How does a US consulate compute minimum 1 year requirement working in non-US location for the same company? Do they calculate it based on the filing of L1-B (Aug 2012) or first entry into US (Nov 2008).
    Assuming her L1 in passport was cancelled , to get a new L1 she has to be working for the foreign branch , outside US, for at least 1 year in the last 3 Years. So if they file a new L1 now then, in the period 20-August-2009 till 20-Aug-2012 she has to be working Outside US with a subsidiary of company1 for at least 1 Year. I think it might be too late now , had the L1 been filed in Feb/March-2012 she might have qualified as she was with the Company 1 from Feb/March 2009 - Feb/March 2010 as she was not with Company1 from 20-Aug-2009 to 20 Aug-2010 period. This is my opinion, not legal advice.

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