L1 visa for a contractor

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Old Aug 17th 2013, 8:51 am
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Default L1 visa for a contractor

Hello guys,

Let me explain my situation. I did work for my company for about a year as a permanent employee. After I did switch to a contract position in the same company. The thing is - they are going to terminate UK division by the end of September.... Now , I have an opportunity to be hired by our US office. The offer is made and they do want me onboard. However I have a serious questions about my eligibility to receive l1 visa. Basically my questions are:

1. Am I eligible to receive this type of visa if I did work as a permanent employee for about a year and then switched to a contractor? Moreover, as a contractor I am hired through an umbrella company, not directly.

2. As I understand L1 visa is for temporary transfers. Is it possible to make a transfer from an office(UK) which is about to be closed?

I understand those maybe be a tricky questions, but if anyone knows something about it - please help me to clarify the situation.

Thanks!
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Old Aug 17th 2013, 10:07 am
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Default Re: L1 visa for a contractor

almost unequivocally NO...the Uk side has to remain in operation throughout the period of your L1
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Old Aug 17th 2013, 10:41 am
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Default Re: L1 visa for a contractor

Agree with the above. If the UK branch is to close, at that point the L1 would terminate anyway. H1B is you only option here for an October 2014 start.
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Old Aug 17th 2013, 12:53 pm
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Default Re: L1 visa for a contractor

Originally Posted by Dantenello
Am I eligible to receive this type of visa if I did work as a permanent employee for about a year and then switched to a contractor?
"About a year" is somewhat unclear. For an L-1, you must have worked for at least 1 year out of the previous 3 years. That means... a minimum of one full year. If you worked as an employee for 364 days, that would be insufficient to meet the eligibility requirement.


Is it possible to make a transfer from an office(UK) which is about to be closed?
No. For an L-1 visa, the UK business must continue to operate.

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Old Aug 17th 2013, 2:28 pm
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Default Re: L1 visa for a contractor

Originally Posted by civilservant
Agree with the above. If the UK branch is to close, at that point the L1 would terminate anyway. H1B is you only option here for an October 2014 start.
On the office closure, I understand that if there is a 3rd office in another country which will remain open then that wouldn't be a problem. So if there is an office in say Germany which will remain open then the UK office closing shouldn't hinder an L1 application. Obviously have your immigration lawyer confirm any of this.
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