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L1B Amendment for extension of stay and shift of Payroll - unique case!
My fiance is facing a unique case. Could not find this anywhere else across different forums. Any thoughts/suggestions are welcome.
1. She has an L1B visa stamped till Feb 2019
2. Her L1B visa application documents stated that she will be working in US for 6 months on per diem and then intended to travel frequently for support. However when she traveled to US (Feb 2016), she joined on her US location payroll (US entity owns the Indian Entity).
3. Now her company HR and legal partners realized they have to file an amendment for her extension
Potential issues:
1. She was on US payroll contrary to what stated in the visa application that she will be on per diem. She has been paying US taxes between Feb 2016 and now (Jan 2016)
2. Amendment for extension should have been filed in August 2016 (completion of 6 months)
My queries
1. How is this expected to affect her amendment approval. the attorney said she would need to go through the entire application and interview process again.
2. We are slated to travel in Feb 2016 for our wedding and planning to address the amendment process during that time. If it gets rejected, given that she has an L1B valid through till 2019, will she be able to travel back with me in March 2016
3. Given that there will be a voluntary disclosure to embassy that some gaffe/error happened, how adverse it may impact her future residential options in US. Given that I am currently into 4th year of H1B, and my company will e filing for my Green Card in few months
Thanks in advance!!
1. She has an L1B visa stamped till Feb 2019
2. Her L1B visa application documents stated that she will be working in US for 6 months on per diem and then intended to travel frequently for support. However when she traveled to US (Feb 2016), she joined on her US location payroll (US entity owns the Indian Entity).
3. Now her company HR and legal partners realized they have to file an amendment for her extension
Potential issues:
1. She was on US payroll contrary to what stated in the visa application that she will be on per diem. She has been paying US taxes between Feb 2016 and now (Jan 2016)
2. Amendment for extension should have been filed in August 2016 (completion of 6 months)
My queries
1. How is this expected to affect her amendment approval. the attorney said she would need to go through the entire application and interview process again.
2. We are slated to travel in Feb 2016 for our wedding and planning to address the amendment process during that time. If it gets rejected, given that she has an L1B valid through till 2019, will she be able to travel back with me in March 2016
3. Given that there will be a voluntary disclosure to embassy that some gaffe/error happened, how adverse it may impact her future residential options in US. Given that I am currently into 4th year of H1B, and my company will e filing for my Green Card in few months
Thanks in advance!!
