Earlier L-1A time does not reset merely because a new employer files, but a beneficiary who has resided and been physically present outside the United States for the immediate prior year may seek a new full L period. Someone back in Canada since 2020 should have that reset analyzed before earlier time is subtracted.
Count the time before designing the role
Start by separating two rules that the draft currently merges. Recapture excludes documented days physically outside the United States within an existing maximum-period cycle. A reset is different: after residing and being physically present outside the United States, except for brief visits, for the immediate prior year, a beneficiary may seek a new full L period if the substantive L requirements are met. Bernadette's years in Canada make the reset the first issue, not a calculation of four years used and three remaining. Collect her recent foreign-employment and travel records, then ask counsel to confirm whether the full seven-year period is available before the assignment is designed.
The initial review should draw a dated employment timeline beside a dated immigration timeline. It should identify the related entities, the managerial or executive duties abroad and in the United States, and every period already spent in L status. The transferee generally needs twelve continuous months of qualifying foreign employment during the prior three-year window; L-1A time has a seven-year overall ceiling. Hypothetical example: A specialty-paper company wants to transfer its procurement director after a nineteen-month U.S. project. Old I-94 records, not the director's recollection, determine whether enough L-1A time remains for the proposed assignment.