L1 visa query for a new Offer from US

Question

I have an offer from an US based firm (say X) who also have office at India. Since H1 cap is full, Iam looking for L1 but have a small query

I used to work with X through TCS as they were business partner ie from May2008 until Dec2010, I was with this account both at offshore as well at onsite.In past I have travelled to their US location on L1A visa

from Feb 2011 until now, am working in a different firm.

Now that company X is offering me FTE position for their US office, I need to know if Iam eligible for L1 visa i.e. I join their india office and travel to US on L1

If not, can you advise me other alternatives

Answer 1

I think you are eligible for L1 VISA.

Excerpt from the US Department of State website:

L Intracompany Transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity.

Temporary Worker Visas

Comments

Sujith,

First of all thanks for the prompt response. This is my first experience with Redbus2US website and must say, I have become its huge fan.

Now coming to your reply, I too had gone through the USCIS excerpt that you pasted and infact have additional questions (sorry for being a pain)

a. I was at TCS offshore for entire 2009 and went to company X onsite location on Mar2010 (till Dec2010). Will this count my 1 yr as working abroad?

b. Company X was TCS business partner (and still is).So does it mean it is "affiliate"

One more thing I missed out in my first question. Company which has offered me was previously Y and have been acquired by X 1yr back. Is that fine?Will my eligibility be still fine?

Thanks

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a. "Working abroad" is from US Government stand point and not your's. Hence it amounts to your experience with that company outside US.
b. I am not sure on that part. I believe it will be considered as an affiliate - you may confirm this with any immigration attorney.
I don't think Y being acquired by X will have an impact on your eligibility.

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Thanks Sujith. I will try to get hold of someone for point # b above. If you happen to come across any confirmation on same, please let me know