H1B complicated issue, oh boyyy

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Poker_Pro

Registered Users (C)
Hello - my buddy is an HR specialist

Apparently due to an internal audit, they found out that we had an employee on staff who is an H1B working for us as a W2 employee. I am not quite sure how he passed the I-9 phase, but all he has is a valid passport and an H1B that is still valid until 2010, first three years..

his sponsering company does NOT know that he has been working, since he was on a W2 through us, now he claims that they gave him no work no money so he did what he had to -

What happens now? I mean i cant believ the mess between working illegally under the wrong status, to the fact that he will be receiving a W2 from us, when he was not even authorized since we never signed a subcontract agreement with his sponser
:eek:
 
an H1b is employer sponsored visa he cannot work beyond that employer.Any work beyond that employer is Illegal(unless it is consulting company and you have contract with them). You certainly didnt ask the right questions when you hired him on w2( i thought I9 is mandatory). If you can't work out something through his company, and he has no EAD, then take him out of your payroll before somebody is going to spot you for employing an illegal worker.
For this employee(having not generated the paystubs for long time with the sponsoring employer,he is out of status and he will face problems later)> i would advise you to get legal advise ASAP
 
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