L1 Filing Time Period

[jomfer 2]

Hello All,

My lawyer seems to be confused so I decided to find out the solution through this forum.

I came here on H4 visa on January 11, 2012. I worked in Africa in an accounting firm from June 2009 to Dec 31, 2011.

My foreign employer wants to open his office here in the United States and is willing to make me the manager and sponsor my L1A visa.

Will L1A visa be eligible for this condition? There is certain period after which L1 is not eligible and that is confusing me.

Based on the dates I provided, can you all please give me some ideas if my case will work?

I will be so grateful.

[Boiler 45,525]

Not sure why a Lawyer would be confused, the dates are clear cut.

You have your EAD/GC no need for L1.

[jomfer 2]

Hey Boiler,

I actually have the EAD, but I was posting this question representing one of my relative.

We gonna have to find a new experienced lawyer because our current one doesn't seem confident on filing this case.

Any ideas if my relative will be eligible for L1?

[Boiler 45,525]

I go with the lawyer.

[jan22 3,056]

First, if the lawyer is confused, I would recommend the employer find a new, more experienced immigration lawyer!

What might be confusing is the requirement that the visa applicant have worked for one continuous year in the three years prior to entering the US on an L1. Technically, the timeline described meets that requirement, since it refers to the period BEFORE entering the US -- this person entered the US in January 2012. If the work from 2009 to 2011 was full time -- and there was at least one period of 12 full months of continuous full-time employment, that requirement is met.

No information was presented on one of the other major requirements, however. The prior work must have been at an executive-level management level (L1-A) or the person must have specialized knowledge (L1-B: more or less knowledge that others in the field of employment do not have). Unless the person was an executive manager, responsible for a major component of the business, during the prior employment, it is unlikely they will qualify....it would be hard to claim specialized knowledge in an accounting position.

There are other specific requirements for getting approval to open a new office, including already having the physical premises for the new company -- but those are factors that must be met by the employer....nothing the individual can do about that.

[jomfer 2]

Yes she worked full time from 2009 to 2011 and she was at the most top position in the firm. That means, she is eligible for L1 according to my understanding based on your (jan22) comment. I will find further information from other sources and also find out from a good experienced attorney.

Thank you so much.