Immigration Issues/L1-H1 transfer issue

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Question
I got struck with the strange issue which I need your valuable expertise to clear by RFE

I was on L1 visa in US for a while (may-july) during the period I applied for a H1B processing and submitted my documents to a new employer whom he was in the impression that I was on L1 visa so he applied for L1 to H1 visa transfer and here is the problem
I was actually on L1 visa but the current employer has an policy of L1 short and L1 long and I was on L1 visa short which means I would be following the B1 policy like I would be getting per day basis salary and I am still with the INDIA company payrolls irrespective of L1 visa stamped
Now my H1 processing under process I recieved a RFE saying to produce the offer letter and paystubs of current US emplyer(as I am on L1 visa)which shows actual date from when I started my work on L1 visa ..USCIS is not aware of such policies which are company specific
As I am on L1 short which means I won't have any Offer letter nor paystubs of US current company

Now how would I reply to the RFE ??can I produce my INDIA paystubs and say that I was on short L1 visa and now I am back to INDIA which means L1 to H1 visa wound't happen for sure but do they cancel my H1 visa or do they move to normal visa processing ??

Kindly help me out ...

Answer
Vinay Bhasker,
L-1 visa holders are allowed to be paid from outside the US. See 9 FAM 41.54 N9.1 at the site

http://www.state.gov/documents/organization/87229.pdf


Your company/attorney can use this to respond to the RFE.


Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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