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Attorney_22

Intracompany Transfers

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This week, Murthy Law Firm attorneys will answer questions regarding petitions for intracompany transfers to the U.S. under the L1A & L1B categories, and answer questions regarding how the Murthy Law Firm can assist you with intracompany transfers globally.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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Hello,

Thanks for taking questions on Intercompany Transfers. 

I am currently on H1B visa with Company A . Company A has started my GC process in EB-2 Category, and I am expecting a very long wait for my priority date to become current. Company B wants to hire me for a senior position at their India office for long term (> 1 year), and then transfer me back to US. I would like my family (on H4) to be able to stay in US while I work out of the India office. Can you please confirm if the following would work in my case:

1) Company B transfers my H1, in US. Company B then retains me on US Payroll, but I start working out of India office. Is there a minimum salary that Company B needs to pay me in US ?

2) When it is time for me to be back in US, Company B can file L1A visa , and I can travel on that.

Appreciate your opinions,

Thanks

 

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16 hours ago, World_Citizen said:

Hello,

Thanks for taking questions on Intercompany Transfers. 

I am currently on H1B visa with Company A . Company A has started my GC process in EB-2 Category, and I am expecting a very long wait for my priority date to become current. Company B wants to hire me for a senior position at their India office for long term (> 1 year), and then transfer me back to US. I would like my family (on H4) to be able to stay in US while I work out of the India office. Can you please confirm if the following would work in my case:

1) Company B transfers my H1, in US. Company B then retains me on US Payroll, but I start working out of India office. Is there a minimum salary that Company B needs to pay me in US ?

2) When it is time for me to be back in US, Company B can file L1A visa , and I can travel on that.

Appreciate your opinions,

Thanks

 

In short, an intracompany transfer may be available to you after a year abroad, and may open the pathway to an EB1 filing. However, if you are not in the U.S. maintaining your H1B status, your family cannot maintain their H4 status. Due to the complexity of your specific fact pattern and your aspirations, it is best to discuss your options and limitations over the phone with an experienced U.S. immigration attorney. You can call our office to speak with one of our attorneys.  

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Hello,

Thanks for taking up this topic.

I am in the US on H1B and my wife is in India and her L1A (Individual) is in process. She got an RFE and going by the current timelines, looks like it is going to take a while before her L1A is adjudicated. Meanwhile, she wants to visit US on a 3 weeks vacation and we have initiated a B2 stamping for her and my kid. Do you see any possible line of questioning from the Visa Officer on the following:

1. Why trying for B2 when L1A is already filed and in process?

2. Why not go for H4 instead of B2?

A> If yes, what should be the appropriate response?

B> What else can she expect during her Visa interview?

C> Do you see any possible negative impact of getting B2 stamped on her chances of getting L1A?

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Hello there,

Thank you for taking up the questions and I really appreciate your help.

I work as a Senior Manager with a software consulting company that has presence in a lot of countries.  I am an Indian Citizen.  I joined them about 2 and half years back in USA (I was with another firm for about 6 months in USA before joining them). My Visa category is H1B. My current organization is processing my GC in EB3 category.  In meanwhile I got an opportunity to work on a large project in Canada, so planning for a transfer to Canada. If I will be in Canada for about 1 year a month or so, and comeback to US on remaining H1B, would my GC be eligible for EB1 category?

Warm regards

Edited by Srini K

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