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PITT MEADOWS · L-1A FIELD GUIDE

Do breaks in service and short United States trips affect the qualifying year abroad?

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THE DIRECT ANSWER

They can, and the effect depends on the dates rather than on general rules. The expectation is generally one continuous year of qualifying employment with the related organisation abroad within the relevant preceding three-year period. How a leave, a resignation or time spent in the United States interacts with that window is a case-specific question for counsel.

Give dates, not descriptions

Avoid summarising the history as roughly two years with the company. Give start and end dates for every engagement, the entity name on each contract, and the reason for each interruption. Where records are missing, say which ones and why.

An honest gap with an explanation is workable; a confident summary that later conflicts with payroll records is far harder to repair once a filing has been made in reliance on it. Give start and end dates for every engagement, the entity name on each contract, and the reason for each interruption, rather than summarising the history as roughly two years with the company. The expectation is generally one continuous year of qualifying employment with the related organisation abroad within the relevant preceding three-year period, and how a leave, a resignation, or time spent in the United States interacts with that window is a case-specific question for counsel.

An honest gap with an explanation is workable; a confident summary later contradicted by payroll records is far harder to repair.