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Working on contract during H1B transfer

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  • Working on contract during H1B transfer

    Hi all,

    I have a strange situation. I am in H1 status. I was working for company A and then got a job offer from company B. B started my H1B transfer process and then then I quit company A on November 23st 2012. My joining date in new company was on December 3rd 2012. My H1B transfer was approved on November 29th 2012. So there was a week between my resignation in company A and joining in company B.

    During the gap week of November 26th to November 30th, I was requested to do some pending works and knowledge transfer in company A as a contractor and I was paid hourly(40 hours for that week - 1099). Company A told me that this was legal.

    Just wanted to double check in this forum, if this is legal.

    Thanks in advance for your opinions..
    Last edited by vineethrp; 01-03-2013, 03:12 PM.

  • #2
    Absolutely not legal. They must pay you as a regular employee on W-2.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Absolutely not legal. They must pay you as a regular employee on W-2.
      Thanks a lot for the response. I shall get in touch with the HR to get this sorted out...

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