binu.sale Posted February 17, 2014 Report Share Posted February 17, 2014 Thank you for such a useful forum!. I'm currently on L1 in USA but my company doesn't provide any payslip since they pay per-diem and other amenities. The y pay full Indian salary and I get payslips in India. Will I be able to apply for L1 to H1 change through a consultant in this scenario ? Link to comment
rahul412 Posted February 18, 2014 Report Share Posted February 18, 2014 Thank you for such a useful forum!. I'm currently on L1 in USA but my company doesn't provide any payslip since they pay per-diem and other amenities. The y pay full Indian salary and I get payslips in India. Will I be able to apply for L1 to H1 change through a consultant in this scenario ? If you are on L1, then I think you should have pay stubs. For employees on Business visa they won't get paid here in US. Link to comment
JoeF Posted February 18, 2014 Report Share Posted February 18, 2014 Thank you for such a useful forum!. I'm currently on L1 in USA but my company doesn't provide any payslip since they pay per-diem and other amenities. The y pay full Indian salary and I get payslips in India. Will I be able to apply for L1 to H1 change through a consultant in this scenario ? You have to get paid in the US. Per diem isn't salary. You seem to be illegal, which would prevent you from getting an H1. You need to get paid for real in the US. Link to comment
binu.sale Posted February 18, 2014 Author Report Share Posted February 18, 2014 but my company is not paying salary..they pay rent, car and gas and give us a per diem..what will happen to COS in that case ? Link to comment
binu.sale Posted February 19, 2014 Author Report Share Posted February 19, 2014 but my company not paying salary in US..so can i do H1 COS ? Link to comment
rahul412 Posted February 19, 2014 Report Share Posted February 19, 2014 but my company is not paying salary..they pay rent, car and gas and give us a per diem..what will happen to COS in that case ? COS will be rejected. YOU NEED TO HAVE PAY STUBS IF YOU ARE WORKING ON L1. File a complaint against your employer for not paying you the salary. This is the ONLY option. Link to comment
pontevecchio Posted February 19, 2014 Report Share Posted February 19, 2014 A person in L1 status does not need to be paid like a person on H1. As long as tax implications are satisfied they can get an allowance in USD and also get paid a salary in their home country. The only requirement is that the allowance enables them to avoid being a state charge. Link to comment
Attorney_25 Posted February 20, 2014 Report Share Posted February 20, 2014 It is acceptable for a person on L-1 to be on the foreign entity's payroll. Link to comment
rahul412 Posted February 20, 2014 Report Share Posted February 20, 2014 A person in L1 status does not need to be paid like a person on H1. As long as tax implications are satisfied they can get an allowance in USD and also get paid a salary in their home country. The only requirement is that the allowance enables them to avoid being a state charge. So what makes the difference between L1 and business visa, just the duration of stay?? Link to comment
Attorney_23 Posted February 20, 2014 Report Share Posted February 20, 2014 So what makes the difference between L1 and business visa, just the duration of stay?? The person in L-1 status is in the U.S. to work for the U.S. employer. The person can work for the U.S. entity and still be paid by the related company abroad. Link to comment
rahul412 Posted February 20, 2014 Report Share Posted February 20, 2014 COS will be rejected. YOU NEED TO HAVE PAY STUBS IF YOU ARE WORKING ON L1. File a complaint against your employer for not paying you the salary. This is the ONLY option. My apologies to OP. I misguided you with wrong information. I think you are good to go for H1. Link to comment
binu.sale Posted February 23, 2014 Author Report Share Posted February 23, 2014 Thank you for all your help! Link to comment
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