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L1A eligibility - time spent inside/outside US

L1A eligibility - time spent inside/outside US

Old Dec 12th 2017, 2:02 am
  #16  
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Default Re: L1A eligibility - time spent inside/outside US

Originally Posted by toluani
I may have missed it but I had a look at the text of 8 CFR 214.2(l) and didn’t see anything relating to time spent in the US prior.

I found this immigration advise website that mentions this though I still haven’t seen anything official so my advise will be to leave it to the lawyers as your company will require an immigration lawyer given the ton of paperwork required for the L1 visa.
I do not understand why you posted the above statement. The regulation is the official statement of law on this subject. And the regulation is particularly clear in the discussion:

Intracompany transferee means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive , or involves specialized knowledge. Periods spent in the United States in lawful status for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the United States for business or pleasure shall not be interruptive of the one year of continuous employment abroad but such periods shall not be counted towards fulfillment of that requirement.
The careful soul that I am, I looked up the citation before I wrote it out. To be quite frank, I have learned not to trust my memory 100%. Us legal types call this "cite checking." The only reason I did not quote the language earlier is that most of my on-line posting is via an Android Nexus 10 tablet -- the cut and paste function does not work as well as it should. This post is being drafted on my Windows10 laptop.

OP's question is addressed much more succinctly by the official legal definition which you describe as not being anything. I doubt you actually read the regulation in question.

Last edited by S Folinsky; Dec 12th 2017 at 2:13 am.
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Old Nov 28th 2018, 4:05 pm
  #17  
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Default Re: L1A eligibility - time spent inside/outside US

Hi all

My firm is ready to transfer me on L1A. However, I joined the firm in our UK office on 2017-11-08 and I have spent 100 days on ESTA (multiple trips; both leisure and work) in the US since I joined the firm.

Does that mean that the earliest time my firm can file for L1A transfer is exactly on 2019-02-16?

Thanks

Last edited by destone; Nov 28th 2018 at 4:34 pm.
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Old Nov 28th 2018, 4:42 pm
  #18  
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Default Re: L1A eligibility - time spent inside/outside US

You asked this question nearly a year ago. What was the answer then?

It is also assumed that your company has retained an immigration attorney, get their take on it. Try emailing them for their more definitive answer.
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