Eligible for L1? spent 2yrs out of US, 5 prior years on H1B

[vasavdutt]

Hi all, I wanted to know if I am eligible for an L1, given that :

- I have been continuously employed with a large bank since 2004.

- I used 5.5 years of my H1B between 2004 and 2010, after which I left USA, but continued to work for
the same firm in their Paris office. In Paris, I am at present on a 'Local' contract, am not on US payroll.

Now the company is intending to bring me back to the US.
I understand that I could either be brought back to the US on an H1 or L1; for me, the L1 is better as my spouse can work.

I read that prior duration on H1B will count towards the L1 period. My question is does this apply even if I have been outside the US for more than 2 years? I hope to be eligible to apply for an L1. (I meet the other requirements, just not sure about how a prior H1B is treated)

I looked in the forums and couldn't find an answer to this situation (my apologies if this has already been dealt with!)

Thanks in advance for your help / guidance..

 

[cyn22]

I am using my personal case to rationale your case.

I worked under H1B visa for employer A from 2007 to 2010. Mid-2010, I transferred internally to employer A's Hong Kong office. In 2012, the company transferred me back to the US on L-1 visa. At the time when we discuss the most recent transfer, the company at first was planning to bring me back as a H1B. But the company approval process toook too long and the quota was filled. So the company applied L1 for me instead. I was told by my company attorney that as long as you are out of the US for at least 1 full year, you are considered "fresh". That means, even if you apply a new H1B, you will have 3+3 years. My L1 started fresh with 3 years + 2 years potential. The L-1 visa process was very easy. I only needed to show up at the US Embassy with my company's paperwork then they approved it on the spot, much easier than H1B process. Hope this helps!

Hi all, I wanted to know if I am eligible for an L1, given that :

- I have been continuously employed with a large bank since 2004.

- I used 5.5 years of my H1B between 2004 and 2010, after which I left USA, but continued to work for
the same firm in their Paris office. In Paris, I am at present on a 'Local' contract, am not on US payroll.

Now the company is intending to bring me back to the US.
I understand that I could either be brought back to the US on an H1 or L1; for me, the L1 is better as my spouse can work.

I read that prior duration on H1B will count towards the L1 period. My question is does this apply even if I have been outside the US for more than 2 years? I hope to be eligible to apply for an L1. (I meet the other requirements, just not sure about how a prior H1B is treated)

I looked in the forums and couldn't find an answer to this situation (my apologies if this has already been dealt with!)

Thanks in advance for your help / guidance..

 

[vasavdutt]

Thanks a lot, cyn22 - this really helps more than a general comment on how it works. Glad to know 1y out of the US implies "fresh" case consideration.

Again, thanks for your time!

I am using my personal case to rationale your case.

I worked under H1B visa for employer A from 2007 to 2010. Mid-2010, I transferred internally to employer A's Hong Kong office. In 2012, the company transferred me back to the US on L-1 visa. At the time when we discuss the most recent transfer, the company at first was planning to bring me back as a H1B. But the company approval process toook too long and the quota was filled. So the company applied L1 for me instead. I was told by my company attorney that as long as you are out of the US for at least 1 full year, you are considered "fresh". That means, even if you apply a new H1B, you will have 3+3 years. My L1 started fresh with 3 years + 2 years potential. The L-1 visa process was very easy. I only needed to show up at the US Embassy with my company's paperwork then they approved it on the spot, much easier than H1B process. Hope this helps!

 

[sinathi]

I am using my personal case to rationale your case.

I worked under H1B visa for employer A from 2007 to 2010. Mid-2010, I transferred internally to employer A's Hong Kong office. In 2012, the company transferred me back to the US on L-1 visa. At the time when we discuss the most recent transfer, the company at first was planning to bring me back as a H1B. But the company approval process toook too long and the quota was filled. So the company applied L1 for me instead. I was told by my company attorney that as long as you are out of the US for at least 1 full year, you are considered "fresh". That means, even if you apply a new H1B, you will have 3+3 years. My L1 started fresh with 3 years + 2 years potential. The L-1 visa process was very easy. I only needed to show up at the US Embassy with my company's paperwork then they approved it on the spot, much easier than H1B process. Hope this helps!

Hi Cyn22,

Did you get L1A or L1B? I am pretty much in the same boat, I have worked in US from 2007-2013, now my company is planning to send me out of country for one year and bring back on L1-A visa, however the attorney is not that informative, my manager is asking me to find out what needs to be done abroad so that I can come back on L1-A, appreciate any information you know on this.

Thanks in advance.
sinathi