L1 Visa clarification reqd.....Urgent

[vsharda]

Hi,
I have a question. Suppose someone is working with company A, India office for 2 years, he resigns and goes to US and applies in the same company A, US office and secures a job then will he be eligible for L-1? Or will he be in H-1 category only?

Thanks.

Regards,
Vishal.

[Aam]

Hi,

Basically L1 means Intra Company Transfer that means you are going from one branch to another branch of your company to work. When you have resigned, there is no connection with the company. But if u want to work in US for the same company, then you should have H1.

Hope it helps.

Aam

[mfc]

I think L1 is possible for this case.
The requirements for L1 is as follows
1)COmpany should have offices in India and Us
2)The candidate should have worked for the company for atleast one year in the span of last three years , outside US.
Since you satisfy both these, i think you are eligible for L1.

Please confirm with your lawyer anyways..
Regards
MFC.
(Not a legal advice.)

[curiousone]

L1 allows for a TRANSFER, if u have already resigned from Company A then he cant apply for a L I anymore even though hes working for a US branch of the comapny

[vsharda]

Hi mfc,
That was what I had thought of and hence shot the email/question in this forum. But as it is generally regarded as IntraCompany Transfer, people are of opinion that once you resign, you are not eligible for L-1 (as you can see from other two replies to this post), While clause says otherwise. Can you suggest whom should I ask this to be sure? Do you know any lawyer and his email id?

Thanks.

~V

[vijaysank]

Hi,
It depends. Also note the L1 clause clearly says that it's a "Intra" company transfer for a "alien" to have work autorization permit in US. Like mfc said you can be elligible provided the company who registered in India apply for a L1. But as for as I know if you are living in US, I didn't hear anyone says a H1 to L1 transfer ( in US) or L1 to L1 transfer ( But vice versa is true, ie L1 to H1 you can do). Better check with your attorney.

[mfc]

Hi vsharda,



Did your problem got a solution??..if yes, plz explian how so that it would be helpful for others.

[curiousone]

This of course is not legal advice. I have read the link and I still think in this case he Vsharda does not qualify for a L 1 Visa. The difference with the case in the link, I think, is that the old comapny , which is the parent company is willing to act as petitioner AND there was only a 2-3 month break in her employment with the parent company. In that case she would qualify as she has worked for the non US entity for more than 2 yrs within th elast three years and it is petitioning for her to transfer. There"s no conflict there to me and there is a marked difference between that case and this one in that , in that case she would be (re) employed to the parent company at the time of the apllication. There always, to me, has to be two entities involved......non US employer and US branch or subsidiary. In Vsharda's case there is no non US employer.....in the case in the link, there is.

In this case, which company is going to act as petitioner? The individual cannot apply on his own. If the US company applies, from what comapny would it be seeking the transfer? Why would it be seeking a transfer if the person is already employed to the comapny? In fact, without first obatining authorization , ho would the person secure emplyment with the US comapny? I think the Visa Vsharda qualifies for is the H.......... but its an interesting dicsussion and hopefully you post after speaking with an experienced attorney