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APPLICATION ANSWERS · L-1A FIELD GUIDE

Can the transfer date be calculated from the return-to-work date alone?

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THE DIRECT ANSWER

No. The relevant employment period and filing or admission circumstances require an individual assessment. A return date is one fact in that chronology.

Build a dated sequence before fixing the move

List qualifying work, the absence, any U.S. periods and the proposed assignment. Explain rather than conceal uncertain dates.

Keep immigration authorization distinct from an employer’s desired transfer date and any new-office operating forecast. If the chronology changes materially, revisit the assessment instead of assuming an earlier calculation remains valid. Hypothetical example: A Trois-Rivières recycling-equipment group executive has a U.S.

launch planned while the executive’s return from leave remains uncertain. Create separate calendars for qualifying foreign employment, the leave, the requested transfer, available premises and the new operation’s staffing. The first review should identify which date is supported by a record and which is only a commercial forecast.

Do not move historical employment dates to match a launch, and do not assume the employer’s desired opening date changes immigration authorization. The decision may be to delay the filing, adjust the business schedule or support a different operational plan. A common failure is continuing to use an earlier chronology after new facts arise.

Reconcile changes promptly, especially where the proposed position or new-office forecast depends on the same person.