GurudevArer Posted September 3, 2015 Report Share Posted September 3, 2015 Hi, Currently I am working in India and on US payroll (salary gets credited to US bank account). My employer wants to apply for H1B. But i was thinking about L1. Will i be eligible to apply under L1 when my payroll is in US and i am working in India. Thanks in advance. Link to comment
JoeF Posted September 3, 2015 Report Share Posted September 3, 2015 For an L1, you have to have worked for the company abroad for at least a year in the last 3 years. And that implies being on the payroll abroad. You are working for the US branch since you are on the US payroll, so you don't qualify for an L1. Link to comment
jairichi Posted September 3, 2015 Report Share Posted September 3, 2015 Payroll does not matter. Whether the work was done outside US? Link to comment
TTN Posted September 3, 2015 Report Share Posted September 3, 2015 No you won't be eligible since as per L1 guidelines you are transferred to USA from a Non US country office of the same employer. However, you can check with your company attorney. L1 is called Intra company transfer. An employee deputed to work in US office of the same company. Just my opinion and not legal advice. Thanks, TTN Link to comment
jairichi Posted September 3, 2015 Report Share Posted September 3, 2015 JoeF pointed out a very important point. Are you working for Indian employer and being paid in US or are you working for US employer and being paid in US? This will be the key to answer your question. Link to comment
GurudevArer Posted September 4, 2015 Author Report Share Posted September 4, 2015 Hi, Thank you all for the replies. I am working for an US employer and being paid in US. But currently residing in India. Thanks. Link to comment
TTN Posted September 4, 2015 Report Share Posted September 4, 2015 Two key things that you should answer Guru82 1. Does your employer have office in India and USA. Because L1 is a transfer from India Office to USA Office. If not then you are not eligible. 2. Secondly is your employer registered in India. If not then you are not eligible for L1. Just my opinion and not legal advice Thanks, TTN Link to comment
JoeF Posted September 4, 2015 Report Share Posted September 4, 2015 Hi, Thank you all for the replies. I am working for an US employer and being paid in US. But currently residing in India. Thanks. Then you don't qualify for an L1. Link to comment
jairichi Posted September 4, 2015 Report Share Posted September 4, 2015 Hi, Thank you all for the replies. I am working for an US employer and being paid in US. But currently residing in India. Thanks. Not eligible for L1. Link to comment
TTN Posted September 4, 2015 Report Share Posted September 4, 2015 Hi, Thank you all for the replies. I am working for an US employer and being paid in US. But currently residing in India. Thanks. Your employer is right. You will be eligible to apply for H1B visa in FY2017 in the first week of April 2016. If you get H1B then you can start working for them in USA from October 1 '2016. You do not qualify for L1 visa. Just my opinion and not Legal advice Thanks, TTN Link to comment
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