H1 with one company, work for another?

3

30K

New Member
I hope somebody would help explain this to me. I would really appreciate it.
I am on H1 with a consultant company (Company A), who send us to other companies on projects.
Now I have an offer from a good company (Company B), willing to hire me, but they don't want any third party (consultants) between me and it. They also have reservations about H1 approval, as it is just a temporary project and not a permanent job.

Now I know that I am not allowed to work on the payroll of Company B, if I have H1 approved only for Company A.
THE CONSULTANTS (Company A) ARE WILLING TO ISSUE ME A LETTER STATING THAT THEY ARE ALLOWING ME TO GET PAID ON COMPANY B'S PAYROLL.

They are saying that this letter will allow me to work for this company B without me having H1 approved for B.

Do you guys think it can work?
 
30K said:
I hope somebody would help explain this to me. I would really appreciate it.
I am on H1 with a consultant company (Company A), who send us to other companies on projects.
Now I have an offer from a good company (Company B), willing to hire me, but they don't want any third party (consultants) between me and it. They also have reservations about H1 approval, as it is just a temporary project and not a permanent job.

Now I know that I am not allowed to work on the payroll of Company B, if I have H1 approved only for Company A.
THE CONSULTANTS (Company A) ARE WILLING TO ISSUE ME A LETTER STATING THAT THEY ARE ALLOWING ME TO GET PAID ON COMPANY B'S PAYROLL.

They are saying that this letter will allow me to work for this company B without me having H1 approved for B.

Do you guys think it can work?
Click to expand...
H1 is issued to you by USCIS to work for company A. There is no such provision that A can give you permission to go work for B and get payroll from B. B need to file a H1 if they are interested in hiring you, otherwise you can work for B, B pays your hourly/weekly rate to A and A issues you your paystub.
 
Ohhh. I was afraid of this. And now I know that my fear was not unfounded. I was relying on advice from Company A. I have already received one week's pay from Company B. And now I am in a mess. ohhhh. :confused:

The only thing I could think of right now is to return the money I received from Company B, so that it does not appear in W2 form next year. Will it save me?

I am very thankful to you Eric. You don't know how much help this reply is to me. Again. Thanks.
 
bhand, thanks for the reply.
I would have liked to get transfer to Company B, but Company B is only offering a temporary project. So transfer won't be the right choice for me here.
 
30K said:
Ohhh. I was afraid of this. And now I know that my fear was not unfounded. I was relying on advice from Company A. I have already received one week's pay from Company B. And now I am in a mess. ohhhh. :confused:

The only thing I could think of right now is to return the money I received from Company B, so that it does not appear in W2 form next year. Will it save me?

I am very thankful to you Eric. You don't know how much help this reply is to me. Again. Thanks.
Click to expand...

Hi 30K,
Glad I could help!

How did they pay you, as a regular employee or as a contractor?

If they take you as a regular employee, they are also in trouble for hiring someone that does not have work authorization to work for them. Ask them to convert it to a corp to corp contract and pay it to your H1 holding company.

If it is on contract basis, ask them to pay it to your H1 holding company.

Either way, it has only been one week and hopefully they have not filed any monthly tax return yet, so it should be easy to reverse the entry. If you still have any questions post it here or even better, get in touch with a CPA.
 
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