H1B Filing

Asked almost 2 years ago - Phoenix, AZ

I am on L-2 , my employer planning to file H1 , here is my concern my husband is on L-1 in US, but he is not on US payroll he gets per diem as well as regular monthly Indian salary, meaning no US salary apart from per diem, hotel accommodation and transportation. When I file H-1,
1) How do I prove that my husband is in L-1 status
2) If its not a problem, what other support documents of my husband I should submit for my H1 filing to avoid any RFE`s or denial

Attorney answers (3)

  1. Timothy A. Gambacorta


    Contributor Level 4

    Answered . Whether your husband is in L-1 status really has no bearing on your status as a L-2. True, your husband is the principal so if he was not in status neither would you. A copy of your husband's L-1 receipt notice/approval notice would be ideal. You need to consult with an immigration lawyer to further bolster your H-1 position. The evidence all goes to the type of position, the prevailing wage offered, your education and other credentials. I suggest you speak with an immigration lawyer if you have concerns.

  2. Stephen D. Berman

    Contributor Level 20


    Lawyer agrees

    Answered . I don't understand why you need to prove your husband is in L1 status for the H1b application. Rather you should focus on proving your eligibility for H1b classification.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Tripti Sharad Sharma


    Contributor Level 20

    Answered . L-1 is an employee of U.S. corporation and must be paid in the U.S. If you seek COS, IO may seek status documents by issuing an RFE. If you are unable to document, COS will be denied, but if all other paperwork is good, the petition may be approved; in which case, you will consular process. If the question of status came up in an RFE, be prepared to answer this query at the visa interview.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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