L1 visa query for a new Offer from US

I have an offer from an US based firm (say X) who also have office at India. Since H1 cap is full, Iam looking for L1 but have a small query

I used to work with X through TCS as they were business partner ie from May2008 until Dec2010, I was with this account both at offshore as well at onsite.In past I have travelled to their US location on L1A visa

from Feb 2011 until now, am working in a different firm.

Now that company X is offering me FTE position for their US office, I need to know if Iam eligible for L1 visa i.e. I join their india office and travel to US on L1

If not, can you advise me other alternatives

I think you are eligible for L1 VISA.

Excerpt from the US Department of State website:

[b]L Intracompany Transferees[/b] who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity.

[Temporary Worker Visas](http://travel.state.gov/visa/temp/types/types_1271.html)


First of all thanks for the prompt response. This is my first experience with Redbus2US website and must say, I have become its huge fan.

Now coming to your reply, I too had gone through the USCIS excerpt that you pasted and infact have additional questions (sorry for being a pain)

a. I was at TCS offshore for entire 2009 and went to company X onsite location on Mar2010 (till Dec2010). Will this count my 1 yr as working abroad?

b. Company X was TCS business partner (and still is).So does it mean it is “affiliate”

One more thing I missed out in my first question. Company which has offered me was previously Y and have been acquired by X 1yr back. Is that fine?Will my eligibility be still fine?


a. “Working abroad” is from US Government stand point and not your’s. Hence it amounts to your experience with that company outside US.
b. I am not sure on that part. I believe it will be considered as an affiliate - you may confirm this with any immigration attorney.
I don’t think Y being acquired by X will have an impact on your eligibility.

Thanks Sujith. I will try to get hold of someone for point # b above. If you happen to come across any confirmation on same, please let me know