L1 to H1 COS received RFE


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I am in the US for company A under L1. I have applied to a different company and we submitted a COS to H1B. The USCIS has responded back with a RFE for my pay stub for Company A.

My problems are :

1. The company name stated in the L1 docs is different from the paystub


from L1 visa (USA)

Company A Systems, Inc.

from payroll stub (Home Country)

Company A Systems Intl., Inc.

2. I am receiving my compensation in my home country so the payment is in Local currency

3. The compensation I received is not same as stated in the L1 docs as Company A pays for all my expenses when I am in the US but if you take those expenses and allowances into the account. It equals the compensation stated in the L1 documents


How do you think the USCIS responds to my reply to the RFE?

Thank you.

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After thorough research and consultation with the lawyer, I am sharing what I have learned for all others :

1. Under immigration rules, getting paid in home country and not getting paid in the US is perfectly legal. As the L1 is only temporary, it is acceptable that the employee can be paid in home country so the benefits(eg. retirement, years of stay) won't be affected. It is an employer-employee agreement and as long as that agreement is not breached, US labor will not interfere.

2. They may not conform with labor laws or tax laws but fine under immigration(USCIS) laws.

3. The employee must still report to the IRS why the filed tax is $0. There is a law that an employee will not be tax twice for the earnings from the home country and US. The requirement is only to declare the reason to the IRS.

The forum is good for sharing but it is always the best to consult a lawyer and not make your life difficult of thinking the consequences.

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