I129S - Wage includes performance bonus which is not guarenteed pay

[Sharath_Venkat]

Hi,

My wage details (US Salary) in I129S (L1A) includes my performance bonus which is not a guaranteed pay. This was caught after my visa stamping is approved, and now I have been asked to not travel, and our immigration team is looking to file an amendment to have only base salary.
#1 - Is this necessary since L1 is not tied with a LCA or a prevailing wage condition..?
#2 - The amendment is going to take 4 months, is there any other option to enable quicker travel.

[raghvi]

Hi,

My wage details (US Salary) in I129S (L1A) includes my performance bonus which is not a guaranteed pay, this was done by mistake by the immigration team. They have caught this after my visa stamping is approved, and now they don't want me to travel, and are looking to file an amendment to change it to have only base salary.
#1 - Is this necessary since L1 is not tried with a LCA or a prevailing wage condition..?
#2 - The amendment is going to take 4 months, is there any other option to enable quicker travel.

1. Though L1 is not tied to a LCA, giving erroneous information in a I129 could potentially lead to future audit issues hence its fine if they are going for an amendment.
2. You can ask them to premium process it.

This is my opinion not legal advice.

[Sharath_Venkat]

Hi,

Thanks for the response, missed one more information, it is a blanket L1A and not a individual petition.

1-Since it is a blanket petition, is an amendment still applicable/valid?
2-Can the amendment be filed after I travel to US in the current petition?
3-Do I need to go for stamping again?
4-what is the timeline for premium processing for this amendment?

[Sharath_Venkat]

1. Though L1 is not tied to a LCA, giving erroneous information in a I129 could potentially lead to future audit issues hence its fine if they are going for an amendment.
2. You can ask them to premium process it.

This is my opinion not legal advice.

Hi,

Thanks for the response, missed one more information, it is a blanket L1A and not a individual petition.

1-Since it is a blanket petition, is an amendment still applicable/valid?
2-Can the amendment be filed after I travel to US in the current petition?
3-Do I need to go for stamping again?
4-what is the timeline for premium processing for this amendment?