Transfer to US company payroll with same L1B

[saurabh.mish]

Hi,
I have L1B visa till 2017, and I am on my India company payroll (per diem model).
My US comapny wants to hire me on their pay roll for this I will have to resign from my Indian company.
Can they hire me on same L1B visa and I can work here till 2017 or earlier
or my US company will have to get me H1B for me ?
My India company and US comapny both are 100% owned by a non US non India company

[rmawks]

Hi,
I have L1B visa till 2017, and I am on my India company payroll (per diem model).
My US comapny wants to hire me on their pay roll for this I will have to resign from my Indian company.
Can they hire me on same L1B visa and I can work here till 2017 or earlier
or my US company will have to get me H1B for me ?
My India company and US comapny both are 100% owned by a non US non India company

L1B visa as you know is a Intra-company transfer visa. Though you are on a per-diem model, still your company will be filing the US income tax or W2 for you in US, as that's a essential condition to be fulfilled for all non-immigrant work visas.
As per my view, rolling the headcount from India to US is an internal movement and will not impact your L1B visa. Also, your L1B visa will be on a petition under your US company, hence you are always viewed as a US employee.
In short, you will not need a H1B visa for headcount transfer till your L1 is valid
Please follow-up with the immigration team of your employer to get this sorted as they would be doing it very regularly

This is just my view and not a legal advice.

[saurabh.mish]

L1B visa as you know is a Intra-company transfer visa. Though you are on a per-diem model, still your company will be filing the US income tax or W2 for you in US, as that's a essential condition to be fulfilled for all non-immigrant work visas.
As per my view, rolling the headcount from India to US is an internal movement and will not impact your L1B visa. Also, your L1B visa will be on a petition under your US company, hence you are always viewed as a US employee.
In short, you will not need a H1B visa for headcount transfer till your L1 is valid
Please follow-up with the immigration team of your employer to get this sorted as they would be doing it very regularly

This is just my view and not a legal advice.

Thanks rmawk, its helpful information.