L1 to H1

[karthige]

Hi,
I am currently working on an L1B visa in the U.S. I am planning to apply for H1B while I am in the U.S. As part of the required documentation I need to provide paystubs for the past 2-3 months. Unfortunately my Indian employer doesn't pay me salary in the U.S. but only perdiems. They'll also not provide the payslip for perdiems so easily.

Considering this, would it be ok to provide my paystub that I get in India ? Or is it mandatory to provide a paystub to show that I am being paid in USD ? Please clarify.

Thanks,
K.

[txh1b]

Your employer is involved in illegal activity. L1 people should be US employees and should be paid in US on a salaried basis.

[karthige]

Interesting. My company pays taxes to the U.S. government on my behalf claiming that they pay me 4524 USD per month. I have the tax statements for the previous fiscal year, however not the pay stubs.

Now, without the paystubs can I still apply for a fresh H1 while I am on a L1 ? Please clarify.

[kabkaba]

You need to complain to the DOL about non-payment according to LCA, to the USCIS for petition fraud and to the IRS for tax fraud. First collect all evidence and then intimate your employer that you will complain if they don't pay properly. Get an attorney if possible and negotiate with your employer to pay you properly.

[shervin143]

You can apply for a fresh H1B as a consular process. To file the H1B as a COS from L1, you will need to provide the pay slips from the L1 employer. If the H1B gets approved as a Consular process, then you will need to go out of the country, get the H1B stamped and return back in H1B visa to work for the H1B sponsor.

When you are in L1 status, you are suppose to get paid in U.S (Not Per diem). You should have pay slips generated in U.S and you should have W2 by the end of the year. You are suppose to file your tax returns to IRS using the W2 provided to you. If not, then both you and your employer are involved in fraud.

Interesting. My company pays taxes to the U.S. government on my behalf claiming that they pay me 4524 USD per month. I have the tax statements for the previous fiscal year, however not the pay stubs.

Now, without the paystubs can I still apply for a fresh H1 while I am on a L1 ? Please clarify.

[karthige]

Thanks a lot for your answers and guidance. Key points to be noted here

1) Though they pay me only per diems they provide free accomodation, free car, free gas as I am here only for a short term. I am definitely not looking for money. I only need the paystubs to help me apply for a H1 . An employer in the U.S. is willing to apply for a fresh H1 and they didn't ask me to pay a single penny. This employer is not part of the consultancies which makes the H1B attractive. So all I am interested is only on the paystubs to get my H1B smoothly.

2) Though payslips were not given to me, my company guys created the W2 somehow(don't know how) and filed for tax with the IRS(2010). I didn't have to pay for taxes, they paid it on my behalf.

My idea is to leave the U.S. as soon as possible, get my Indian paystubs and file for a fresh H1. Please let me know your thoughts

Thanks,
K

[shervin143]

To file a fresh H1B as a consular process, you don't need the pay slips. Like mentioned before, when the petition gets approved, get the H1B stamped and return back in H1B visa to work for the H1B sponsor.

[karthige]

Thanks a ton Shervin. So, what you are saying is that

I can still be in the U.S. on L1(say until end of August 2011) while my new employer files for H1B without the paystubs. Once the H1B petition is approved, I'll go back to India get the H1B stamped and start working for the new employer from 1-Oct-2011. Please correct me if I am wrong.

Thanks,
K

[kabkaba]

The above is correct.

[smkinc]

Current address details since am in US but fresh H1 - no CoS

Hi,

This is a helpful post. I have just 1 latest payslip from L1 co - as they just moved me from per diem to payroll. Now the H1B sponsoring co wants to do fresh H1B (not CoS) this week, while I'll still be in United States for another 2 months.
In this case, I will be going to home country for stamping and come back on 1st Oct 2012. So couple of queries:
1) I understand from this post that Payslips won't be required for fresh H1b - but I am still in States when the application gets submitted - can I still avoid giving pay stubs?

2) Since I am currently in US - but will be outside US when H1B decision comes in (hopefully accept) - what address should I provide? The forms ask for Current US address - and International address too. I don't want documents from USCIS to come to local US address - as I'll be gone by then.

So despite mentioning that I am in USA currently in the forms and declaring my L1 status - I have filled forms with current US address - but have entered that I will be going for stamping at International consulate.

Thank you!

[shervin143]

1) I understand from this post that Payslips won't be required for fresh H1b - but I am still in States when the application gets submitted - can I still avoid giving pay stubs?
>>> Yes. Usually it is not required for CP. If asked later, you can provide it.

2) Since I am currently in US - but will be outside US when H1B decision comes in (hopefully accept) - what address should I provide? The forms ask for Current US address - and International address too. I don't want documents from USCIS to come to local US address - as I'll be gone by then.
>>> H1B is employer's petition. The approval notice will go to the employer / attorney. You will not get it directly. So provide your current U.S address and your address in the home country.

So despite mentioning that I am in USA currently in the forms and declaring my L1 status - I have filled forms with current US address - but have entered that I will be going for stamping at International consulate.
>>> That is okay.