L1A 12 month rule
Oct 30th 2009, 5:09 pm
#1
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Posts: 766
L1A 12 month rule
i am now a bit confused by the '12 months employment rule'
i was led to believe that any time spent in the US on holiday/vacation was added on to the 12 months.
so my company was formed dec 21st 2008 -have spent 59 days in US on hols in 2009- date application can be made 21/12/09+59= early feb 2010
until i followed a link and found this--------------
The first requirement for the L-1 is for the applicant to have been continuously employed abroad for one year of the last three for a parent, affiliate, or subsidiary of a US employer. . Any time spent working in the US will not count toward the one year of required employment, though time spent in the US will not be considered to have disrupted the continuity of employment abroad. It is possible to use a combination of part-time employment for affiliated companies under certain circumstances.
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now am i reading it wrong and does this mean it doesnt disrupt the 12 month but you do add it on OR is previous advice about adding vacation time incorrect ???
i was led to believe that any time spent in the US on holiday/vacation was added on to the 12 months.
so my company was formed dec 21st 2008 -have spent 59 days in US on hols in 2009- date application can be made 21/12/09+59= early feb 2010
until i followed a link and found this--------------
The first requirement for the L-1 is for the applicant to have been continuously employed abroad for one year of the last three for a parent, affiliate, or subsidiary of a US employer. . Any time spent working in the US will not count toward the one year of required employment, though time spent in the US will not be considered to have disrupted the continuity of employment abroad. It is possible to use a combination of part-time employment for affiliated companies under certain circumstances.
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now am i reading it wrong and does this mean it doesnt disrupt the 12 month but you do add it on OR is previous advice about adding vacation time incorrect ???
Oct 30th 2009, 9:08 pm
#2
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Joined: Oct 2007
Location: Charlotte,NC
Posts: 1,717
Re: L1A 12 month rule
Means you dont have to start over again - after a visit to the US. I took 18 months to complete the year (365 calendar days) in the UK for my L1 application so in the 18 months, I spent approx 6 of them in the US.
NB The days you travel in and out are counted as days in the US.
You were right first time.
NB The days you travel in and out are counted as days in the US.
You were right first time.
Oct 30th 2009, 9:10 pm
#3
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Joined: Dec 2008
Posts: 766
Re: L1A 12 month rule
shame -but its only until Feb (unless I sneak over at Xmas)
