# L1 - previous employer, left recently



## plvbr (Apr 1, 2014)

Hi,

Based on the L1 rule that says that "the alien must have been employed abroad by the qualifying foreign employer for one continuous year within the three years immediately preceding his/her admission into the U.S.", I have a doubt that may sound a bit stupid, but I couldn't find an answer to it anywhere.

Does that mean that I have the right to apply for an L1 visa if I worked for the company in another country continuously for 2 years, for example, and left 6 months ago? That is, if I'm not employed anymore by the company, but I have worked for the company for at least one continuous year in the recent past, and got a job offer from the company branch/HQ in the US, is it still valid to apply?

I know it sounds strange, but I couldn't find any text that explicitly says that I have to be currently employed by the company in order to apply, and the statement about the length of employment is at least ambiguous.

Thanks.


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## twostep (Apr 3, 2008)

You cannot apply. How does a US job offer constitute an inter company transfer?


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## plvbr (Apr 1, 2014)

twostep said:


> You cannot apply. How does a US job offer constitute an inter company transfer?


Thank you for your reply.

I didn't say I have ONLY the job offer. I'm asking if I can apply if I have left the company in the recent past.


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## twostep (Apr 3, 2008)

plvbr said:


> Thank you for your reply.
> 
> I didn't say I have ONLY the job offer. I'm asking if I can apply if I have left the company in the recent past.


No, YOU cannot apply for L1.


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## Crawford (Jan 23, 2011)

plvbr said:


> Thank you for your reply.
> 
> I didn't say I have ONLY the job offer. I'm asking if I can apply if I have left the company in the recent past.


The way I understand it, if you were employed by a UK company say, for 12 months or more, left the company and then 6 months later rejoined the company and were then offered a transfer to the US, an L1 would be eligible. (which the UK company would apply for)

Your current situation is not one where an L-1 would be applicable. 

The US company is offering you a job and THEY can only apply for a work visa for you - something like an H-1 maybe?


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## Loosehead (Nov 18, 2013)

I think this IS possible and is not too dissimilar to my situation.

I worked for my current employer for a number of years, more than 5. I left, then was approached to rejoin on the basis that I would transfer to the US on an L1. I was employed in the UK by my employer for a few months while the paperwork was done, and I was granted an L1 as an intra-company transfer.

So, it may be that comply with the intra-company transfer rule, you may need to be technically employed outside of the US for a while, but I see no reason why the company could not succesfully apply for an L1 visa for you.


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## twostep (Apr 3, 2008)

Loosehead said:


> I think this IS possible and is not too dissimilar to my situation.
> 
> I worked for my current employer for a number of years, more than 5. I left, then was approached to rejoin on the basis that I would transfer to the US on an L1. I was employed in the UK by my employer for a few months while the paperwork was done, and I was granted an L1 as an intra-company transfer.
> 
> So, it may be that comply with the intra-company transfer rule, you may need to be technically employed outside of the US for a while, but I see no reason why the company could not succesfully apply for an L1 visa for you.


You hit it on the head - the company applies. My question - did you make the move under a blanked or an individual L1?


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## Loosehead (Nov 18, 2013)

twostep said:


> You hit it on the head - the company applies. My question - did you make the move under a blanked or an individual L1?


Blanket.


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## Crawford (Jan 23, 2011)

Loosehead said:


> I think this IS possible and is not too dissimilar to my situation.
> 
> I worked for my current employer for a number of years, more than 5. I left, then was approached to rejoin on the basis that I would transfer to the US on an L1. I was employed in the UK by my employer for a few months while the paperwork was done, and I was granted an L1 as an intra-company transfer.
> 
> So, it may be that comply with the intra-company transfer rule, you may need to be technically employed outside of the US for a while, but I see no reason why the company could not succesfully apply for an L1 visa for you.


...... surely the point here is that you were employed by the UK company; that made the company eligible to apply for an L-1 visa for you to transfer to the US.

The poster is not employed by the UK company, so how does he meet the criteria to _be transferred _to the US.


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## Davis1 (Feb 20, 2009)

-1 visas are available to employees of an international company with offices in both the United States and abroad. The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company for at least one continuous year within the previous three prior to admission in the US. The US and non-US employers must be related in one of four ways: parent and subsidiary; branch and headquarters; sister companies owned by a mutual parent; or 'affiliates' owned by the same or people in approximately the same percentages. The L-1 classification also enables a foreign company which does not yet have an affiliated U.S. office to send an employee to the United States to help establish one, with additional requirements

L-1A Intracompany Transferee Executive or Manager | USCIS


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## Loosehead (Nov 18, 2013)

Crawford said:


> ...... surely the point here is that you were employed by the UK company; that made the company eligible to apply for an L-1 visa for you to transfer to the US.
> 
> The poster is not employed by the UK company, so how does he meet the criteria to _be transferred _to the US.


He worked for the company in question in his home country previously, it is not inconceivable that they could re-employ him with the intent of transferring him to the US company while the application is submitted. 
That was my exact experience.


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## Crawford (Jan 23, 2011)

Loosehead said:


> He worked for the company in question in his home country previously, it is not inconceivable that they could re-employ him with the intent of transferring him to the US company while the application is submitted.
> That was my exact experience.


Totally agree with you on this ..... if he gets re-employed with the intent of transferring him to the US that is definitely doable.


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## twostep (Apr 3, 2008)

Plus - with a blanket L1 and a few months in the appropriate position with the company it is potentially possible to fly under the radar. Not something I personally would consider unless an immigration attorney presents chapter and verse on official letterhead.


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