L1A Eligibility Criteria Confusion

[ersum_max]

Dear Senior Members,

Please help me understand the L1A eligibility criteria:

I am getting an opportunity to join my prospect new employer in Canada on PR (Never worked with them before). Since the end clients are in USA, they are planing to file L1A petition within 3 months to transfer me to US office.

I am aware of L1B Blanket or individual petition that, there is a prerequisite to work with the company for at least one year period in the three years preceding transfer to USA.

Does the same prerequisite (of at least 1 year work) holds True for L1A (Individual or bankaet) petition application?

I read it on Murthy forum that further from L1A to GC in EB1 there is pre-requirement for at least 1 year (in last three Years) work with the L1 sponsorship employer:

GC EB1: Multinational Executive or Manager

In this category, the employee must have worked in either a managerial or executive capacity, for the related company abroad, for at least a one-year period in the three years preceding the transfer.

Your valuable response will greatly help me in evaluating the given opportunity.

Best Regards,

ersum_max

[BigJoe5]

To establish eligibility for the L-1 nonimmigrant visa classification, the petitioner must meet the criteria outlined in section 101(a)(15)(L) of the Act. Specifically, a qualifying organization must have employed the beneficiary in a qualifying managerial or executive capacity, or in a specialized knowledge capacity, for one continuous year within three years preceding the beneficiary's application for admission into the United States. In addition, the beneficiary must seek to enter the United States temporarily to continue rendering his or her services to the same employer or a subsidiary or affiliate thereof in a managerial, executive, or specialized knowledge capacity.

Hre is an AAO non-precedent on topic: http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2011/May112011_01D7101.pdf

Enjoy.

[ersum_max]

BigJoe5, Thank you for the reply.

Me and my prospect employer meet all the criteria other then 1year of prior employment. and within 3 month they are intent to shift me to US on temporary basis on L1 Classification.

Are you sure L1A /L1B (Individual/ Blanket) both has same prerequisite (of at least 1 year prior work in last 3 years)?

I am in the impression (based on discussion with employer) that L1A Individual is exempt form this requirement.

any pointer/links will be helpful.

Best Regards,

ersum_max

.

[ersum_max]

Senior members please reply.

[Attorney_23]

A foreign national would need to be employed in a specialized knowledge or managerial capacity for at least 1 year with the petitioner (or a company related to the petitioner) in order to be eligible for an L1A visa under the company's Blanket.

[ersum_max]

Thanks Attorney_23:

How about L1A Individual petition?? is it exempt form the requirement of 1 year prior employment??

[Attorney_23]

Thanks Attorney_23:

How about L1A Individual petition?? is it exempt form the requirement of 1 year prior employment??

No, under an individual petition, you still need 1 year of prior employment to qualify.

[ersum_max]

Thanks Attoreney_23 for clarification.

So my only option left is to go on H1B. I am a h1 cap exempt (already counted in 2008 quota) and having B1, can I start working on B1 for initial 3 month and meanwhile file H1B?

My prospect employer is also looking for competent attorney to handle my case, could you please email me your contact details on my email ID?

Best Regards,

Max

[vas9742]

Attorney_23,

I am currently on a L1-B (5^th year).

I am a “Technical Project Manager” and have been playing this job-duty for more than 3 years.

I have 2 team-leads who supervise developers under them.

I currently have totally 11 individuals which I supervise. While2 of this 11 are team-leads, the remaining 9 Developers and testers (who both are professionals).

Am I eligible for a favorable L1-A ?