Can I apply for L1 Visa, even if I am not on companies Payroll.

[sudhirm]

I work for a US based company. When I started with this company they didn't have an office in India, So I was being paid through one of the vendors.

But I have the US based companies offer letter, but my payroll was with third party. Can I apply for L1 Visa. Is it necessary that I have to be on that company's payroll? What if I m getting paid through one of their vendor company.

[kabkaba]

Are you employed by the Vendor company? If so you will be eligible only if the Vendor company is a subsidiary (substantially if not wholly owned) of the US company.

If you are not employed by either companies and just getting paid as an independent contractor, you are not eligible.

[sudhirm]

Can I apply for L1 Visa, even if I am not on companies Payroll.

My Offer letter and everything is done through the US company. I am a US company employee. My company sends money to this vendor and they pay me. That's the scenario. So inn that case can I apply for L1.

[raghvi]

My Offer letter and everything is done through the US company. I am a US company employee. My company sends money to this vendor and they pay me. That's the scenario. So inn that case can I apply for L1.

Its not you alone who can apply for L1 its the company too who should meet certain criteria.

L1 requires certain criteria to be fulfiled both by the employer and the employee. The foreign entity relationship has to be established betweeen the US company and your vendor.

Can either of them give you the L1 related petition (I797), Form I-129 and other required evidence, so that you can use them to book an appointment, and attend interview in US Consulate in India in connection with an application for an L-1 visa?

This is my opinion not legal advice.

[kabkaba]

This is a highly irregular arrangement. The US company should consult with a lawyer to see if L1 is possible.