L1 Requirments

qj123

Registered Users (C)
Do I need to have paystubs from the foreign entity for applying to L1 Visa category or can I continue to receive salary in US while working for foreign entity?

Q
 
If you're being paid in US from your company's US operation wouldn't that mean you're on it's payroll. Wouldn't they have to report this payroll info to INS (as required).

So, it is advisable and also makes it clear if you can show paystubs from outside of US. Remember that L1s are being scrutinized in the light of H1-B reaching its cap. I haven't seen pay stubs as reuirements but then be prepared to address it.
 
I had a same question to my paralegal but according to her and her attorney, it should not be a problem because they will be giving a declaration on that front. They argument is that the payrolls for most of the entities worldwide are being generated in US and this being one of them.

To that response, I am suggesting that they atleast put my India address on the paystubs. Would that be sufficient?
 
Still doesn't feel right - Consular officer could ask how the employees of the foreign entity are being paid. If in the local currency, why couldn't you be as well being a part of that entity's human resource pool?

You're asking the right questions and sometimes just as anyone, attorneys need to be challenged w/ your inputs to clarify certain things.

See this is where the attorneys separate themselves from the rest. You give them an inch and they'll pave a tarmac wide enough to land Airforce1 (to your advantage, right?) !!!

If nothing else, I "guess" you have to go with their recommendation "ALONG" with your request that it be mailed to India.
 
To put it another way, you should not get a W2 at the end of the year in your name for tax filing.

In your case are you going to show that you are actually working for the company outside and earning the salary outside? In which case you would have to pay the tax of the foreign country.

If in any way you are paying taxes in the US, then it is almost similar to working in the US.

I would suggest you be vary of the taxation pitfall before you decide to show INS your foreign salary statement made in the US.

-G
 
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