Calculation of 'continuous 1year' for L1 eligibility

[John Smith]

Dear forum,

Can someone please outline how the 1 year is calculated? Are any days spent in the US during the first 365 counted against the 365, implying that the 1 year is a constant moving target? For example if I travel for an induction week or a US based conference for a week, I would actually need to have worked for 372 days before becoming L1 eligible?

Seems very punitive in terms of US tourism during that period.

Responses appreciated.

Kind regards

[raghvi]

Dear forum,

Can someone please outline how the 1 year is calculated? Are any days spent in the US during the first 365 counted against the 365, implying that the 1 year is a constant moving target? For example if I travel for an induction week or a US based conference for a week, I would actually need to have worked for 372 days before becoming L1 eligible?

Seems very punitive in terms of US tourism during that period.

Responses appreciated.

Kind regards

USCIS has told 365 days and as continuous as possible, short trip to US is fine as long as you spend the same amount of time outside US. Now, USCIS hasnt defined how short the short trip should be but a week/10 days should be fine. As long as one has spent a total of 365 Days outside US, with very little breaks in between, at a non US foreign office location and got proof of it you should be fine.

Also, the petition needs to be submitted after those 365 days is completed.If in doubt do a 10-15 days extra and then file.

This is my opinion not legal advice.