Dismissed L-1A

L-1A Dismissed โ€” Retail (2007): did not establish the beneficiary had one continuous year

๐Ÿ“… 2007-06-13 ๐Ÿ‘ค Company ๐Ÿ“‚ Retail

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary had one continuous year of employment abroad within the three years preceding the petition's filing. The beneficiary had been present in the United States since May 1999, almost four years prior to the March 2003 filing date. The AAO rejected the argument that the beneficiary's time in the U.S. in B-1 and F-1 student status was on behalf of the foreign employer and should not count as an interruption of the foreign employment.

Criteria Discussed

One Continuous Year Of Full-Time Employment Abroad Employment Within The Three Years Preceding The Filing Of The Petition Interruptive Vs. Non-Interruptive Periods Spent In The United States
๐Ÿ“„ Original decision (USCIS PDF)

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