L1 visa BUT pay in Indian rupees

[pnq2msp]

Hi All,

I have an H1B visa and am working for past 1 year with it.
I recently got married. My wife works for an american company but in its India s/w devpt center. She has been here on B1/B2 once for 1 month.
The company has voluntareely agreed to sponsor her L1 so that she can stay with me here and work.

However,

1. The company is going to pay her in Indian Rupees only as the client is ready for offshore resources and doesn't want anyone onsite.

2. She won't be staying at the client site (NY) but stay with me (West coast) The client doesn't care nor does the company. I am concerned would the USCIS care when she applies for her visa?

3. Would there be any tax issues in the US? If her payroll is in India, her tax should also be in India only.

4. Would there be any issues converting to H1B or H4 as needed at a later time?

Any answers/pointers to information are highly appreciated.

Thank you.
pnq2msp

 

[JohnThomas82]

Hi All,

I have an H1B visa and am working for past 1 year with it.
I recently got married. My wife works for an american company but in its India s/w devpt center. She has been here on B1/B2 once for 1 month.
The company has voluntareely agreed to sponsor her L1 so that she can stay with me here and work.

However,

1. The company is going to pay her in Indian Rupees only as the client is ready for offshore resources and doesn't want anyone onsite.

-- in this situation, she should operate from offshore and not onshore.

2. She won't be staying at the client site (NY) but stay with me (West coast) The client doesn't care nor does the company. I am concerned would the USCIS care when she applies for her visa?

-- neither your client or nor your company might care, but it is abusing L-1 visa. The alien is supposed to operate from company's official location.

3. Would there be any tax issues in the US? If her payroll is in India, her tax should also be in India only.

-- she should be getting paid as per the LCA. The LCA would have stated the amount in USD, so she should get compensated in USD.

4. Would there be any issues converting to H1B or H4 as needed at a later time?

-- please see above and I think you will answer to this question

Any answers/pointers to information are highly appreciated.

Thank you.
pnq2msp

Pls see my responses above.