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Returning on L1-A after one year of outside US stay, 6 years of H1B over
Hello,
I am working for a major MNC for the last 6 years and finished my 6 year H1B tenure in May 2017 and returned to India. Due to some business decision, my GC application to be filed through the PERM process could not happen. I am still an employee for the same company.
I am a direct hire to the US company, after I finished my Masters. I am working from home for the same business unit as I was working for and resumed my duties without any break, to save time. I am working in the same role and supporting the same functions of the company as I was before I left, only my current location is India and I am considered on an international assignment. My salary gets deposited in the US bank account, and I am on an international payroll.
The intent is to return after completing the mandatory '365 days' of stay outside of US. When the decision was made for me to stay outside for a year and then return, it was decided then that I would return as a functional manager (L1-A). I am not sure if that is still that case (management decision pending) or if I will return on L1-B (Blanket).
Should I have been in a functional manager or any managerial position for a year to return on L1-A or will it not make any difference for the functional manager role? In case of L1-B, as what I do is specialized knowledge work, can I return on the same position or would it be better if I move to the next higher position for my role? How would the visa officer / USCIS approach my case in this regard?
I want to know if anybody has been in a similar situation and what experiences ( along with hurdles!) he/she may have faced. Would appreciate all the help given.
Thank you in advance.
I am working for a major MNC for the last 6 years and finished my 6 year H1B tenure in May 2017 and returned to India. Due to some business decision, my GC application to be filed through the PERM process could not happen. I am still an employee for the same company.
I am a direct hire to the US company, after I finished my Masters. I am working from home for the same business unit as I was working for and resumed my duties without any break, to save time. I am working in the same role and supporting the same functions of the company as I was before I left, only my current location is India and I am considered on an international assignment. My salary gets deposited in the US bank account, and I am on an international payroll.
The intent is to return after completing the mandatory '365 days' of stay outside of US. When the decision was made for me to stay outside for a year and then return, it was decided then that I would return as a functional manager (L1-A). I am not sure if that is still that case (management decision pending) or if I will return on L1-B (Blanket).
Should I have been in a functional manager or any managerial position for a year to return on L1-A or will it not make any difference for the functional manager role? In case of L1-B, as what I do is specialized knowledge work, can I return on the same position or would it be better if I move to the next higher position for my role? How would the visa officer / USCIS approach my case in this regard?
I want to know if anybody has been in a similar situation and what experiences ( along with hurdles!) he/she may have faced. Would appreciate all the help given.
Thank you in advance.
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