L1B 5 Years completed | Rules for Cool off Period

[visa_RRR]

Hello Immihelp

I will be completing my 5 years on L1b in 31 May 2018 and I need fresh L1 to come back and my question is related to 'Cooling Period'.
I have come to know that I've to spent 365 physically outside the US that implies 1 June 2019.

1) When can I apply for the New L1?

2) For this 1 year, if I go out of US on an assignment to work for my company in some other country.
a) Can my US employer still give my salary here deposited in my US account, is that allowed or can not be done as per 'Cooling off Rules'?
b) Can my US employer consider me as a US employee, for internal purposes, or will I have to terminated completely from the US payroll?

Please help me with the questions, will appreciate.

Regards

[raghvi]

Hello Immihelp

I will be completing my 5 years on L1b in 31 May 2018 and I need fresh L1 to come back and my question is related to 'Cooling Period'.
I have come to know that I've to spent 365 physically outside the US that implies 1 June 2019.

1) When can I apply for the New L1?

2) For this 1 year, if I go out of US on an assignment to work for my company in some other country.
a) Can my US employer still give my salary here deposited in my US account, is that allowed or can not be done as per 'Cooling off Rules'?
b) Can my US employer consider me as a US employee, for internal purposes, or will I have to terminated completely from the US payroll?

Please help me with the questions, will appreciate.

Regards

1. If you leave 31-May-2018, then 01-Jun-2019.
2. Legally it is allowed, immigration laws look only at time being spent in US.
3. They can keep you as US employee , it's an internal company policy decision.

This is my opinion not legal advice.

[visa_RRR]

1. If you leave 31-May-2018, then 01-Jun-2019.
2. Legally it is allowed, immigration laws look only at time being spent in US.
3. They can keep you as US employee , it's an internal company policy decision.

This is my opinion not legal advice.

Thanks Raghvi for the answers, appreciate it!

I have one follow up question.

So, if the I get paid here, while not here in US.
Will I still get my W2 normally and I will be have to follow the normal IRS tax rules while preparing returns.
Or Will there be issues with that.

Thanks in advance!

[raghvi]

Thanks Raghvi for the answers, appreciate it!

I have one follow up question.

So, if the I get paid here, while not here in US.
Will I still get my W2 normally and I will be have to follow the normal IRS tax rules while preparing returns.
Or Will there be issues with that.

Thanks in advance!

You will have to take that up with your tax adviser. If am not wrong, you would need to file your taxes for this income in the country of your residence during that 1 Year period.

This is my opinion not legal advice.