how to take money from the previous employer after transfering H1b

G

gousgc

Registered Users (C)
Hi,
Recently got 8th year H1b extension also I have EAD valid till 10-Aug-2006.
My current employer has to pay some money for the extra work I have done.

I am looking for changing my job. If I transfer my H1b to the new employer, how can I take money from the current employer?

If I take money on 1099, I think I will loose my H1b status.

Please let me know how to take money from the previous employer after transfering H1b.

Thanks.
 
I am also in a similar situation and touched base with an accountant. He said that if you take money on 1099 then IRS would "probably" be ok with that as long as you are paying taxes on it. but It might be a problem if they ask for your tax returns when you go for your H1B stamping...your w2 would show getting money from other than your H1B sponsor.
one way is to take money is to ask your current employer to put the money as a "Referral fee"...just an idea...
 
So long as you are not actually working for the old employer, and this is merely payment for services rendered while you were covered by the original H-1, this is perfectly legal.

You NEVER need authorization to get paid, only to work.
 
Thanks for your response.

If I want to take money from previous employer, they have to issue W2. If someone takes payment from an employeer without work permit it is considered as lillegal employment. If I take on 1099, I will lose my H1b status.

How can previous employeer pay me saynig that I am not working currently with that company and the payment is for previous year unpaid payment?

I have EAD but don't want to use it by filling I9 form.
 
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