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NAIRN AND HYMAN · L-1B FIELD GUIDE

What if the release is postponed after the assignment is described?

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THE DIRECT ANSWER

Review whether the employee’s proposed US duties change. A postponed commercial launch does not automatically preserve or invalidate the original immigration account.

State the work during the interval

Identify whether the employee would continue qualifying specialized tasks or move into general staffing. Review customer supervision and the actual entity doing business, particularly for a new office with an initial maximum of one year. Keep the planned travel dependent on the applicable authorization, not merely the new release date.

Keep the actual approval and status dates visible throughout, and do not treat a client delivery deadline as permission to begin work whose immigration basis has not actually been resolved. A second employee who could later satisfy the requirements needs a continuous qualifying year with the organisation abroad within the three years before any future petition, and needs genuinely to have acquired the company's internal knowledge, which cannot be conferred by a memo. Confirm the underlying transfer elements too: one continuous qualifying foreign year within the relevant three years, an active parent, branch, subsidiary, or affiliate relationship, and petitioner control over the assignment.