Orangepants

Hi,

I am caught in one of the bank merger dilemmas and trying to find a way around the fact that I have spent 385 days as a reluctant London resident to qualify for the L1B and still want my visa.

As the merger between Wells and Wach plays out, employment hiring and movements are on hold. Therefore I am stuck in London until decisions are made regarding our business lines, whether to keep or discard.

What if I hand in my resignation in London and wait it out in the States, not working - it may be two months til I get an answer (positive or negative). I have a B2 and although I was there 2 weeks ago for three weeks, I have only been in the country for approx 7 weeks of this year.

Does the employment have to be continous? Of course I run the risk of once I'm out of the daily grind, I may be forgotten about and therefore have less influence and cant really push as hard. I know I should get a contract signed but they are afraid to fart at the moment and keep asking me to be patient. The thought of another winter is London is doing my head in and I have the qualifying year. It all seems so simple on paper. I will ask their lawyer on Monday but if anyone knows whether employment has to be continous, please let me know so I can try and plan a scenario? Is this a sensible option?

Thanks,

E3only

One-Year Requirement

The one-year requirement for the L-1 visa cannot be met by working part of the year for affiliate or branch in U.S.

Time spent in U.S. will not interrupt the one-year requirement for an L-1 visa.

Also, time spent in U.S. in another status in excess of 3 years does not interrupt the one-year year requirement for the L-1 visa if the companies have a qualifying (e.g., parent-subsidiary) relationship.

Working in American Samoa or another outlying possession is sufficient to meet the one-year abroad requirement for an L-1 visa,

A combination of part-time employment can be used to meet the one-year requirement for the L-1 visa if part-time work is for affiliated companies.
Blanket L-1 visa employees are also required to show that they worked for the company abroad for one year.

http://www.immigrate2usa.com/practic...s/l-1-visa.asp

Orangepants

Thank you for that link..

As the requirement is one continous year out of the past three year, that year could have been, for example June 2006-June 2007. As I have completed the continous eligibility year, I am now eligible for a transfer to the US at any time up to Feb 2010. (I started in London in Feb 2007). It does not have to be the immediate year preceeding the transfer, this is how I'm reading it but I've been so wrong in the past.

Will clarify with the lawyer tomorrow.

Folinskyinla

Hi:

LOL. "American Samoa or another outlaying possession"???? That is rich -- especially in light of the fact that there are only two "outlaying possessions." And I doubt there are any mulitnational operations on Swain's Island.

Orangepants

As an update, the employment for L1 does not have to be continuous between the overseas branch and the US office.

Guess I'll go back to the Islands and make some money and then reapply when the economy improves...

E3only

I think you are right. YOu should just wait for this T/O to take
shape and hopefully you have enough 'friends' within Wach to be
considered when the dust settles a bit

ALl the best !