Skip to content
ST. ALBERT · L-1A FIELD GUIDE

Does the promotion date restart the employee’s permitted L stay?

Sources checked:

THE DIRECT ANSWER

No. Promotion does not restart the counted period. The general totals are five years for specialized knowledge and seven years for managerial or executive capacity, with a specific rule for a later promotion.

Coordinate the promotion with the immigration chronology

For someone initially admitted in specialized-knowledge capacity, the regulation requires at least six months in the managerial or executive position to qualify for the seven-year total, and approval of the change in an amended, new or extended petition when it occurs. Preserve prior status, travel and promotion records for the individual calculation, including any applicable exception. An internal title or salary change does not itself extend stay.

The foreign payroll evidence must cover one continuous year of full-time qualifying employment falling inside the three years before filing, and that window closes with time, so a transferee who has already spent months working in the United States should have the count checked early. If the strongest continuous twelve-month stretch occurred before the layoff, delaying the petition risks pushing that period outside the three-year lookback entirely, leaving only the post-rehire period available, and that period may not yet reach a full year.