TN to L1A - 3 year time period question

Hello all,

I could really use some help here. I am a Canadian citizen and have been working in the U.S. on TN status since May 2017.

1.I started working for my current Employer in May 2021
2. My company got acquired by a corporate entity in July 2022 and corporate entity has subsidiary in Canada
3. I'm planning to move to Canada for a year to work for a subsidiary of this corporate entity and return to the U.S. on L1A instead of TN.

Can someone tell me what USCIS will consider as my 3 year period at the time of L1 application, since i have already been in the U.S. under a differentnon immigrant status? Will I be able to come back and join the U.S. company on L1 right after my 1 year tenure with the Canadian subsidiary?
 
It is three years counting back from when you apply for L1A.

There will be no need to rely on the within three-year provision, since you will be entering immediately as a transfer.

You may find more reliable information through the post you made on the 'L' forum.
 
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It is three years counting back from when you apply for L1A.

There will be no need to rely on the within three-year provision, since you will be entering immediately as a transfer.
Thank you very much. Can I also receive salary in my U.S. account while working in Canada for that one year?
 
That is between you and the employer. There is nothing that prohibits it. Technically, while living and working in Canada, you must be on a Cdn payroll, so you will likely be paid by the Cdn subsidiary; they will probably want to pay you in CAD.
 
That is between you and the employer. There is nothing that prohibits it. Technically, while living and working in Canada, you must be on a Cdn payroll, so you will likely be paid by the Cdn subsidiary; they will probably want to pay you in CAD.
Thank you
 
My employer came back and said they're trying to create direct reports in Canada during my time in Canada. From my understanding it doesn't matter for the L1A how many direct reports you had in the offshore country..they're only worried about establishing connection between offshore subsidiary and the U.S. entity. In my case I have 2 direct reports in the U.S. but not in Canada. But it shouldn't affect the L1 application anyways right?
 
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