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arpit131
L1 visa related query Hi,
Can anyone throw some light on L1 visa rules.
1. A person whom we are giving L1 visa, should get Indian Salary or salary from USA?
2. Can we send him for short duration and that too multiple times? Say for 3/4 Months.
3. Do he need to pay taxes in US even if we are paying his loading and per day?
Please revert ASAP
Arpit

From India, Delhi
sasmita_deepa
Hi Arpit,
A L1 visa holder should be paid a minimum salary on an annual basis or per Diem salary in USA. Along with this salary they should be paid the basic component of the Indian salary.
Yes you can send them for short durations
If he is paid as a W2 employee then he has to pay the taxes and in case employer is paying the taxes, then he should not pay the taxes again. But he shouldn't be taxed both for the US and Indian salary. In other words his Indian salary should be tax free
Regards,
Sasmita

From India, Hyderabad
arpit131
Thanks for the reply,
So, travelers payroll should be changed to US division? or they can carry their per Diem when they leave for US.
(I might be wrong with below statement)
I read somewhere if traveler return back to home country before 180 Days then thy need not to pay Tax(or tax will be returned back)? So this 180 Days time frame is additive when Traveler travels again after few months?
Thanks
Arpit Pradhan

From India, Delhi
sasmita_deepa
Its better to transfer the Travelers payroll should be changed to US division for proper tax deductions and payments as per US taxation.
Secondly if they return back within 180 days, the tax is to be refunded back to them.
180 days is not additive.
The time period of stay depends on I94 which is issued along with the visa. Once a traveller is back from US then his I94 is valid for the next 180 days and if he has to travel back to US on another assignment after 180 days, then he has to apply for fresh I94.

From India, Hyderabad
bks0205
Hi,
In the context of above queries, I too would request to provide me clarification for the following scenario:
I have L1 visa type.
  • I went to USA on per-diem from September 29,2010 to March 11,2011.
  • This tour equates to 165 days.
My queries are as follows :
  • Can I travel back to USA for another 180 days?
  • The immigration officer had stamped my stay till March 9,2012 when I landed in USA in September 2010.
  • Is there any such condition that during the USA financial year (Jan-Dec) my stay can only be 180 days i.e. If I have spent Jan-Feb-March in USA and returned back in March, then my next travel back to USA will consider adding of these three months(i.e. my next stay cannot me more than 90 days?) ?
Please guide me for this situation. Thanking you in advance.

From India, Delhi
srini213
hi, you can travel and stay will the visa end date. you will have to apply for extension if at all before 45 days of your visa expiry.
From India, Mumbai
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