Dear Sir or Madam,

Here is the scenario of the individual:

Employee of India subsidiary from Feb 2004 through May 2007 – 3 years 3 months.

During this duration, he traveled to US on L-1B trips amounting to 1 year and 8 months.

Was rehired by Indian subsidiary in December 2008 to present – 1 year and 4 months.

During this duration, he traveled to US on B-1 trips in lieu of H amounting to 5 months and 2 weeks.

So since his hire date in December 2008, he has been employed abroad amounting to 10 months and 2 weeks.

He is now back at the Indian subsidiary and will remain there for an additional 1 month and 2 weeks to reach the 1 year employment requirement in the past 3 years.

Based on this information, can he get the full 5 years under L-1B?

Thank you!