L1 Visa - Eligibility


samsfisher

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Hello,

 

I have a question for L1 visa eligibility.

 

My background

Masters from the US

worked with a MNC in H1B visa for 5 years.

 

Came back to India on a 1 year development leave. Finished a 1 year MBA program in India. Now thinking of going back to India. While my H1 visa is expired I do have 15 months remaining assuming the time i spent outside India. However, I am wondering whether I am eligible for an L1 visa.

 

I have been outside US for more than 1 year. I am still with the company but not receiving any pay. But in a way the company agreed for the personal development leave given that i went for studies.

 

Please let me know whether i am eligible to apply.

 

Sam

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Do you fulfill these requirements? I don't think you do. 

 

To qualify, the named employee must also:

  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
  • Be seeking to enter the United States to provide service in an executive or managerial capacity (L1A) or specialized knowledge (L1B) for a branch of the same employer or one of its qualifying organizations.

Your employer can file a cap exempt H1B petition and you would get 1 year.

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