L1 VISA - Did I interrupt 1 year continuous employment by visiting US on H4???

Recommended Posts


I am currently employed by a Canadian subsidiary of a US Company and will complete 1 year of physical presence requirement for L1 with continuous employment in July. My husband works in the US and is on H1B. Until February I have been visiting my husband on B2 VISA but recently, when he got a new H1B stamp, I decided to get H4 stamped as well. I visited my husband for 4 days (long weekend) in March on H4 VISA.

Recently, I was trying to calculate my eligibility for L1 and came across the USCIS L1 memo https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-11-15-PM-602-0167-L-1-foreign-employment-requirement.pdf .This says that any unemployed stay in the US interrupts the 1 year continuous employment requirement:

Periods of time the beneficiary spent in the United States without working (except for brief visits for business or pleasure in B-1 or B-2 status), or while working for an unrelated employer, interrupt the one continuous year foreign employment requirement.

However I was not unemployed when I used H4 to visit my husband. My question is whether my visit actually interrupted my 1 year continuous employment in Canada or will USCIS/Consulate consider this visit as a "pleasure" visit? The memo does not make this clear. Please help.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.