vancitybasu Posted April 5, 2020 Report Share Posted April 5, 2020 Hi, 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. Quote Link to comment
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