L1A filing- continuous 1 year employment clause question

[dhawalkumar]

Hi

 

I joined my current employer in July 2012. I visited US immediately for 4 weeks on existing B1 visa and then came back to India. 

 

On November 21, 2012 I moved to US on J1- business trainee visa for my employer (2 years home return clause not applicable). My employer filed for H1b in April 2013 but my petition wasn't picked in lottery. I stayed in US until October 30, 2013 on J1 and came back to India thereafter. 

 

I visited US for 2 weeks duration 4 times during October 2013 and June 2014. Now am not traveling anymore as my employer wants to file my L1 and my frequent travel is extending my L1 eligibility time frame. My H1b in 2014 was not picked in lottery again.

 

I spent 99 days in India with employer in 2012 before leaving for US on J1 visa. Now i will complete 365 days with employer in India on September 16 2014. 

 

My question is if 99 days spent before I went to US for 11 months on J1 for same employer is considered part of 'continuous' employment clause or not?  My attorney says it is valid since i was in US temporarily on valid visa. I will complete pending 266 days in september 2014. 

 

 

DK.