Stamping delayed 1.5 years + unpaid visits

[logic7777777]

Got my L1B on 2nd Aug 2013 and sudden our business priorities changed and I could not move to US on a payroll
Now that the business is back on track, my company is asking me to travel to US on L1 (its Feb 2015 now!)
I am still at the same designation and carry same duties.
Also, between 2013 and today, I have traveled to US many times on my B1 which was expired recently.
It will be great if somebody can help me with following:
1. Will it be ok if I goto consulate now (1.5 years later) and get my L1 stamped?
2. While on L1, do I need to get paid in US or I can also get paid in my home country - India?
Thank you very much in advance, you will save my soul!

[logic7777777]

please help!

Dear immihelpers.. it will be great if somebody can help on this topic!

[raghvi]

Got my L1B on 2nd Aug 2013 and sudden our business priorities changed and I could not move to US on a payroll
Now that the business is back on track, my company is asking me to travel to US on L1 (its Feb 2015 now!)
I am still at the same designation and carry same duties.
Also, between 2013 and today, I have traveled to US many times on my B1 which was expired recently.
It will be great if somebody can help me with following:
1. Will it be ok if I goto consulate now (1.5 years later) and get my L1 stamped?
2. While on L1, do I need to get paid in US or I can also get paid in my home country - India?
Thank you very much in advance, you will save my soul!

1. When you say you got L1B in Aug 2013 what exactly did you get? Was it only the petition which was approved in 2013? If so, what is the validity date on that petition?
2. Its not a concrete law that one should be paid in US. Some companies follow a per diem in US + Home country salary model. If you look at this arrangement critically, the reason your company claims you hold specialized skills the same should be corroborated by paying you above par , be it in home country or US. In fact this arrangement was one of the reason for the back lash against L1B visas as many companies abused this to pay less salary for work done in US. Many a times visa officers ask L1B aspirants how much would they be getting paid in US.

This is my opinion not legal advice.

[logic7777777]

1. When you say you got L1B in Aug 2013 what exactly did you get? Was it only the petition which was approved in 2013? If so, what is the validity date on that petition?
2. Its not a concrete law that one should be paid in US. Some companies follow a per diem in US + Home country salary model. If you look at this arrangement critically, the reason your company claims you hold specialized skills the same should be corroborated by paying you above par , be it in home country or US. In fact this arrangement was one of the reason for the back lash against L1B visas as many companies abused this to pay less salary for work done in US. Many a times visa officers ask L1B aspirants how much would they be getting paid in US.

This is my opinion not legal advice.

Thank you Raghvi for helping me out
1 - I got I797B Notice of action which says my visa is valid till April 2016
2 - Understood. My employer in US did commit to a appropriate salary number when this was filed. However things got delayed in 2013 and I had to keep making 'business' visits to US and not move there for employment.

Now that I dont have any visa at present, I can either:
A. File for a new B1 Visa and forget about L1 altogether
B. Go for L1 stamping with a possibility that I will not be getting a fulltime salary in US

trying to find out whats the most appropriate, clean, legal way

thank you!

[raghvi]

Thank you Raghvi for helping me out
1 - I got I797B Notice of action which says my visa is valid till April 2016
2 - Understood. My employer in US did commit to a appropriate salary number when this was filed. However things got delayed in 2013 and I had to keep making 'business' visits to US and not move there for employment.

Now that I dont have any visa at present, I can either:
A. File for a new B1 Visa and forget about L1 altogether
B. Go for L1 stamping with a possibility that I will not be getting a fulltime salary in US

trying to find out whats the most appropriate, clean, legal way

thank you!

If you were "working" while on B1, then that itself was not legal.

If the intent is to work then the clean legal way would be to come on L1B and work and get paid as per US standards. You may want to follow clean legal ways, but depends if your company also wants to do the same.

This is my opinion not legal advice.

[logic7777777]

If you were "working" while on B1, then that itself was not legal.

If the intent is to work then the clean legal way would be to come on L1B and work and get paid as per US standards. You may want to follow clean legal ways, but depends if your company also wants to do the same.

This is my opinion not legal advice.

Thanks
No I was not 'working' during visits on B1. Mostly less than week visits, mainly for meetings.
I know my company wont pay me full salary in US even if I get the L1 stamped.
So I guess the best way is to forget about L1 and apply for another B1 to continue same business visits I had been doing for last few years

[raghvi]

Thanks
No I was not 'working' during visits on B1. Mostly less than week visits, mainly for meetings.
I know my company wont pay me full salary in US even if I get the L1 stamped.
So I guess the best way is to forget about L1 and apply for another B1 to continue same business visits I had been doing for last few years

Are you the first L1B case from your employer? How did previous L1, if any, were done? There is no hard and fast law forcing company to pay full salary on L1.

This is my opinion not legal advice.

[logic7777777]

Are you the first L1B case from your employer? How did previous L1, if any, were done? There is no hard and fast law forcing company to pay full salary on L1.

This is my opinion not legal advice.

Yes I am the first one. I was supposed to set up a team in US which did not happen due to changed business priorities and I had to continue working in India
I am simply trying evaluate the least path of resistance (questions) in consulate:
1. Go and get L1 stamped (they will be keen to know why I did not get it stamped earlier, have questions on my visits on B1, may create problems in my next visa-whatever it is-since I wont have paychecks from US most probably)
2. Go for a fresh B1 (I guess just need to tell them my employment never worked out)

its pretty clear that I will be visiting US only for business going forward, so no pay in US. So I guess the question is can I travel for business on L1? and I can I get my L1 stamped 'knowing' that I will be only travelling for business
?