L1 - Deducting time?

O

oRiGiNaL

New Member
Hi there,

I've got a question as I was surprised when I heard this.

My company agreed to transfer me with the L1 visa, but I have to wait until I complete my first year with the company.

I asked if it would be possible to enter the US with a Tourist visa before I complete the year, to work in the US office, having my UK contract and being paid in the UK.

The lawyer said that anytime that I spend in the US before the application is filed will deduct from the time that I have been working for the company. :confused: :confused: :confused:

Personally, I found that ridiculous, but maybe it's correct. :confused:

Any thoughts anyone?

Thanks!
 
The temporary presence in the U.S. does not cut your "continuous employment abroad" but it cannot be counted toward the one-year requirement. In other words, if you come and stay in the U.S. for 2 months while you are still employed by the foreign employer, you need to wait for 14 months (1 year plus 2 months) before your employer applies for an L-1 petition.

The requirement is not just for your employment abroad, but also for "absence" from the U.S.
 
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