L1 to H1 COS with RFE

[buhaghag]

I am in the US for company A under L1. I have applied to a different company and we submitted a COS to H1B. The USCIS has responded back with a RFE for my pay stub for Company A.

My problems are :
1. The company name stated in the L1 docs is different from the paystub
Eg.
from L1 visa (USA)
Company A Systems, Inc.

from payroll stub (Home Country)
Company A Systems Intl., Inc.

2. I am receiving my compensation in my home country so the payment is in Local currency

3. The compensation I received is not same as stated in the L1 docs as Company A pays for all my expenses when I am in the US but if you take those expenses and allowances into the account. It equals the compensation stated in the L1 documents
.


How do you think the USCIS responds to my reply to the RFE?

Thank you.

[shervin143]

When you are in L1, you need to get paid in USD and you should pay taxes on the income in U.S. Your salary should match the approved LCA. What your company is doing is illegal. If my understanding is correct, they are still paying you in your home country and just paying you the per diems in U.S. That is not allowed when you are in L1. That works only for people in B1 visa. You cannot get compensateed in your home country when you are in a work visa and physiucally residing and working in U.S. Do consult a good immigration attorney.

[buhaghag]

After thorough research and consultation with the lawyer, I am sharing what I have learned for all others :
1. Under immigration rules, getting paid in home country and not getting paid in the US is perfectly legal. As the L1 is only temporary, it is acceptable that the employee can be paid in home country so the benefits(eg. retirement, years of stay) won't be affected. It is an employer-employee agreement and as long as that agreement is not breached, US labor will not interfere.
2. They may not conform with labor laws or tax laws but fine under immigration(USCIS) laws.
3. The employee must still report to the IRS why the filed tax is $0. There is a law that an employee will not be tax twice for the earnings from the home country and US. The requirement is only to declare the reason to the IRS.

The forum is good for sharing but it is always the best to consult a lawyer and not make your life difficult of thinking the consequences.

[kabkaba]

Do you have a source for this information?

Remember if you need advice, consult your own lawyer and not your employer's lawyer. Employer's lawyer is not required to protect your interests or give you the best advice.