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Salary mentioned in L1 petition is different than what my employer would be giving me

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  • Salary mentioned in L1 petition is different than what my employer would be giving me

    I have a valid L1B visa stamped on my passport valid for 3 months and I will be soon travelling to the US.

    Employer is sending me to the US on Per diem arrangement along with providing accomodation. I will be on Indian payroll and getting my Indian salary as well. The total cost to company ( Indian Sala + Per Diem + hotel expense + insurance + other allowance etc) is coming to be lesser than what is mentioned under the wages part on my approved L1 petition.

    Now my question is, Does it impact me in any way now, while I will be in the US OR in future when I apply for any US VISA? Would it happen that USCIS homeland security ask me for any proof about my wages. I am worried becuase the figure mentioned in the petition is not matching up with what my employer would be spending on me during my stay in the US.

  • #2
    Originally posted by firsttime View Post
    I have a valid L1B visa stamped on my passport valid for 3 months and I will be soon travelling to the US.

    Employer is sending me to the US on Per diem arrangement along with providing accomodation. I will be on Indian payroll and getting my Indian salary as well. The total cost to company ( Indian Sala + Per Diem + hotel expense + insurance + other allowance etc) is coming to be lesser than what is mentioned under the wages part on my approved L1 petition.

    Now my question is, Does it impact me in any way now, while I will be in the US OR in future when I apply for any US VISA? Would it happen that USCIS homeland security ask me for any proof about my wages. I am worried becuase the figure mentioned in the petition is not matching up with what my employer would be spending on me during my stay in the US.
    Many companies follow this split pay structure where the salary paid on L1 is a combination of Per Diem and Home Country salary. As far as I know there is nothing illegal about it. The salary mentioned in wages part is taxable salary. Wheras the perdiem, expenses, etc you get is non taxable. So from a tax perspective the company may still be meeting the criteria of the wages that they have specified in the petition. Further, as far as I know there is no minimum wage requirements per se for L1s.

    I dont feel this will adversely affect your future visa chances.

    This is my opinion not legal advice.

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