Applying for an L-1 Visa

[bloke]

Hi,

My company has offered me a position in the US which I have accepted. Now we need to work out visa details and the L-1 visa seems to be made for this situation. However, one of the stipulations is that the employee must have worked for the continually for the company for 1 year. I started with the company five years ago but spent a two year period beginning roughly three years ago for a different company. I have now been with the company for about 10 months. Is it possible to apply for the L-1 visa prior to meeting the 12 month period required provided the date of arrival in the US is after the 1 year mark? I have heard the process generally takes 1-2 months, doesn anyone know if this is accurate?

Thanks.

 

[littleadv]

Hi,

My company has offered me a position in the US which I have accepted. Now we need to work out visa details and the L-1 visa seems to be made for this situation. However, one of the stipulations is that the employee must have worked for the continually for the company for 1 year. I started with the company five years ago but spent a two year period beginning roughly three years ago for a different company. I have now been with the company for about 10 months. Is it possible to apply for the L-1 visa prior to meeting the 12 month period required provided the date of arrival in the US is after the 1 year mark? I have heard the process generally takes 1-2 months, doesn anyone know if this is accurate?

Thanks.

If I remember correctly, the requirement is 12 months during the last 3 years, so if you have the missing 2 months from before you left - you should be fine. Your company has a lawyer, who could probably answer this question better. Worst case - you can just wait 2 months with the filing until you gain the full 12 months. The 12 months is a requirement for eligibility, so it must be for filing for visa, you won't get an L1 visa if you're not eligible for L1 status.