Expert Advice Req: L1 Individual filed; had issue with F1 3 years ago

[Staremployee]

Hi Immi gurus,

I have a strange complex case and need advice.

I went to the US on a F1 student visa in Jan, 2006 and returned back in Aug, 2010 due to monetary issues and couldn't complete the degree.

During this time I received training and worked on projects in a company in India. I didn't get paid in the US for this work.

I came back to India and worked in the same company for another 1 year before moving to Company B. I have been with Company B for 2 years since and visited the US on a B1 for the same project 3 times already. I work on a very specialized knowledge in a niche process and the company wants to file an L1 Individual for me.

I'm not sure how to handle the overlap period of 2 years that I worked for a company in India while I was in F1 status in the US.

Please let me know if this will be an issue for my L1 processing.

Regards
Star.

[raghvi]

Hi Immi gurus,

I have a strange complex case and need advice.

I went to the US on a F1 student visa in Jan, 2006 and returned back in Aug, 2010 due to monetary issues and couldn't complete the degree.

During this time I received training and worked on projects in a company in India. I didn't get paid in the US for this work.

I came back to India and worked in the same company for another 1 year before moving to Company B. I have been with Company B for 2 years since and visited the US on a B1 for the same project 3 times already. I work on a very specialized knowledge in a niche process and the company wants to file an L1 Individual for me.

I'm not sure how to handle the overlap period of 2 years that I worked for a company in India while I was in F1 status in the US.

Please let me know if this will be an issue for my L1 processing.

Regards
Star.

Once you leave US , you are not on any immigrant/non immigrant status. So you being outside US while your F1 in passport was valid , doesnt matter.

This is my opinion not legal advice.

[Staremployee]

Once you leave US , you are not on any immigrant/non immigrant status. So you being outside US while your F1 in passport was valid , doesnt matter.

This is my opinion not legal advice.

I was in the US on F1 while working for this company in India which is causing the overlap in experience.

[Staremployee]

Can anyone please help with this issue ...

[raghvi]

Can anyone please help with this issue ...

I still didnt get your exact concern. As long as you didnt do any fraudulent activity while on F1 I dont see how it will impact the L1 decision with current employer. You worked with current employer for more than 1 Year and have specialized knowledge of their tool/process then you are eligible for current company's L1 petition. As far as DS-160 experience filling is concerned, if you didnt get paid for working while on F1 you should not put it.

This is my opinion not legal advice.

[Staremployee]

I still didnt get your exact concern. As long as you didnt do any fraudulent activity while on F1 I dont see how it will impact the L1 decision with current employer. You worked with current employer for more than 1 Year and have specialized knowledge of their tool/process then you are eligible for current company's L1 petition. As far as DS-160 experience filling is concerned, if you didnt get paid for working while on F1 you should not put it.

This is my opinion not legal advice.

I read through the whole post .... it was my mistake not specifying the exact concern.

I was out-of-status for that period of one year as I was stupidly under the opinion that as long as I had my visa I could stay. I didn't attend school for that period as I was waiting for my economic status in India to get better and pay for school. I came back before my VISA expired as soon as my Dean pointed out that I should have not been staying without being enrolled in School and should leave and re-enter.

I came back to India and found a job before school reopened and hence didn't go back to the US.

It was genuine mistake caused by ignorance.