L1B visa 1 year requirement - working or calendar year?

[aoibhiuil]

I was unfortunate to have missed out in the opportunity to obtain a H1-B visa this year due to my university exams finishing in May. The company I have signed a contract with in the US have their european development center in my country and I worked with them as a software engineer from 2011 – 2012. I have tried to find a detailed definition for the 1 year work requirement that comes with this visa but unsuccessful so far. I worked for my company for 52 full working weeks but only 360 days of the calendar year.

Based on the information provided, do you think my experience covers the 1 year requirement for the L1-B visa? Thanks

[nicoeppersma]

I was unfortunate to have missed out in the opportunity to obtain a H1-B visa this year due to my university exams finishing in May. The company I have signed a contract with in the US have their european development center in my country and I worked with them as a software engineer from 2011 – 2012. I have tried to find a detailed definition for the 1 year work requirement that comes with this visa but unsuccessful so far. I worked for my company for 52 full working weeks but only 360 days of the calendar year.

Based on the information provided, do you think my experience covers the 1 year requirement for the L1-B visa? Thanks

Worst case scenario, you work two more weeks for them.. The requirement is 1 year within the 3 preceding years. It doesn't say anywhere that this has to be contigious.

[aoibhiuil]

Thank you for your reply however, I did find a clause that states "one continuous year" on USCIS web site.

"(A) Intracompany transferee means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive , or involves specialized knowledge. Periods spent in the United States in lawful status for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the United States for business or pleasure shall not be interruptive of the one year of continuous employment abroad but such periods shall not be counted towards fulfillment of that requirement."

That is why I'm hoping it's one working year rather than a full calendar year.

[nicoeppersma]

You are right, I missed that. One continuous year sounds like a working year to me. I think it would be fair to have this approved.