Urgent Question on L1 - Shifting Payroll between Entities

[infoseeker_2014]

Hi Folks,

I am currently in the US - I have a valid L1-B visa (Jan 2013 - Oct 2016)

I currently am employed by the entity in india (get my salary from the india entity, with a per diem here)

Can the US entity/company move me under the US entity, to the payroll here? are there any restrictions?

Appreciate any guidance or input.

Best,
Infoseeker!

[raghvi]

Hi Folks,

I am currently in the US - I have a valid L1-B visa (Jan 2013 - Oct 2016)

I currently am employed by the entity in india (get my salary from the india entity, with a per diem here)

Can the US entity/company move me under the US entity, to the payroll here? are there any restrictions?

Appreciate any guidance or input.

Best,
Infoseeker!

I dotn think there is any restriction. The taxation would certainly change as Per Diem's are not taxable but the US entity Salary would be fully taxable so there may be difference in your take home pay plus no salary in home country more of an internal company policy.

This is my opinion not legal advice.

[infoseeker_2014]

thanks Raghvi - do you know if the the company can also begin processing my GC now? or do they have to wait?

[raghvi]

No they dont have to. GC is for future employment so any company can petition for you to employ you in future.

This is my opinion not legal advice.

[infoseeker_2014]

many thanks Raghvi!

[infoseeker_2014]

Hi Raghvi,

I just had a discussion with the HR here.

- They say that they consulted the immigration attoryneys and that they can start to process GCs after 12 months
- And hence they can move me to the payroll here only then?

Is that correct? seems contrary to what i've been hearing from the online forums. How do i verify what they are saying?

Any ideas?

Thanks,
Infoseeker

[raghvi]

Some companies have this as internal policy. Its not a USCIS requirement.

This is my opinion not legal advice.

[infoseeker_2014]

ok so this most certainly is not a USCIS requirement! cause that's what they were telling me is that legally they aren't allowed to do this?

[raghvi]

ok so this most certainly is not a USCIS requirement! cause that's what they were telling me is that legally they aren't allowed to do this?

As far as I know there is no such legal requirement by USCIS for an employee to be on US payroll for 1 Year in order to initiate PERM processing for the employee.

This is my opinion not legal advice.