one year rule for individual L1B

[chhg]

Hi,

To be eligible to process L1B by the company, one of the conditions need to be met is :"Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; "

I was employed by the company since Sep 1, 2013. Which following is valid for the L1B individual visa ?

1. File the petition to USCIS before Sep 1, 2014 and then apply for a admission date some date after Sep 1,2014. And also applied for a visa after that date.
2. File the petition some time before Sep 1, 2014 and starts to apply a visa after Sep 1, 2014
3. Have to file the petition after Sep 1, 2014

I am a bit confused since the one year rule is related to "admission" per the above statement and wants to get the visa as early as possible.

Thanks.

[raghvi]

Hi,

To be eligible to process L1B by the company, one of the conditions need to be met is :"Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; "

I was employed by the company since Sep 1, 2013. Which following is valid for the L1B individual visa ?

1. File the petition to USCIS before Sep 1, 2014 and then apply for a admission date some date after Sep 1,2014. And also applied for a visa after that date.
2. File the petition some time before Sep 1, 2014 and starts to apply a visa after Sep 1, 2014
3. Have to file the petition after Sep 1, 2014

I am a bit confused since the one year rule is related to "admission" per the above statement and wants to get the visa as early as possible.

Thanks.

File petition after Sep 1 2014. For filing petition you would also need to show proof that you were working for the petitioner for 1 Year, so if you joined Sep 1 , 2013, the 12th Month payslip can only be generated Aug 31st 2014.

This is my opinion not legal advice.

[chhg]

File petition after Sep 1 2014. For filing petition you would also need to show proof that you were working for the petitioner for 1 Year, so if you joined Sep 1 , 2013, the 12th Month payslip can only be generated Aug 31st 2014.

Thanks. And what about if it is L1B blanket ?

[raghvi]

Its same for L1A/L1B individual or blanket.

This is my opinion not legal advice.