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L1 visa eligibility while employed in country A with salary/taxes paid, and work from country B on dependent visa w/o work permit

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I am presently living in France on dependent visa without work permit since 1 year. Almost since same time, I am employed by an small Indian IT firm as VP in Bangalore and receive salary there and pay taxes. I do not pay taxes in France (I can't on present visa).  This is specific work from home/virtual situation allowed by company to enable me to live with family while working for them and managing team virtually. Company doesn't have any French office hence I work virtually from here for India office and global clients and that's why no work visa.

Now, my company wants me to relocate to US office which they have started recently. Does my work ex acquired here while on remote location will qualify as eligible work ex considering my situation. I am little worried that US might see it as visa fraud done in France and take correlation and might deny visa to me. Did you hear such situation or encounter anytime ?

I can relocate back to India now for next 1 more year as my family is settled in France but need to know if it is required to make my work ex eligible as it will be hardship step. 

Many thanks.


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I was hired by an organization A in the US on TN. I was relocated back to Canada in Aug 2016 to work for the same organization A. Since then I visited 3-4 times to the US for a total of 10 days. Not the same organization was to relocate me back to the US and I'm trying to drag/delay it till I become eligible for L1.

Can some someone clarify when I become eligible for L1 to move back to the USA?


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Can my stay outside the US from Jun 2016 - Aug 2016 be counted towards my time outside the US for eligibility for L1 even if my payroll was running in the US?

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