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Urgent:Advise req. Can I work for X in opt and apply for H1B through Y??

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  • Urgent:Advise req. Can I work for X in opt and apply for H1B through Y??

    Hi,
    I've completed MS on dec 19th 2008 and my opt had started on jan 30th 2009. currently i'm in talks with a company X which is willing to offer me a job but not ready to sponsor H1B. Bcos I have opt I can work for them currently but later I'd require a sponsor.

    I'm in contact with a consultancy Y (E-Verified) who is willing to apply for H1B & run payroll during bench period.

    Also X said they can put me on payroll but i'll have to pay the payroll taxes. But then it would show that I'm working for both X and Y (as Y is also running payroll during bench period) which is not allowed.

    My Questions:
    1.Can I work for X during the OPT period till I get a H1B (applied by Y) and then transfer the H1B to X ??
    2.Will my plan be legal if I can work for X but I'm not in his payroll?? Then it would show me as an employee of Y only.
    3.Will this transfer be approved if the pay submitted by X is less than that of Y for which I got a H1B ??
    4.Will it be a problem if X puts me on payroll??

    OR 5. Do you think I shud directly tell Y abt this job with X?? then X would pay Y and Y would pay me. I kinda feel this one is safe..but worried that Y might not be earning as much as he would like to earn if he places with a client who is paying more. Will Y agree at all in th first place??

  • #2
    Do yourself a favor. Do not involve your future with a scumbag employer that is ready to defraud the government and get yourself into illegal and criminal activities of tax fraud and immigration fraud.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks txh1b for your immediate reply, but kindly elaborate on what my next move should be.

      Go to the consultancy Y or join the company X (which is willing to hire me)??


      once again thanks.

      Comment


      • #4
        Join X and in the due course, you will gain experience and find a better employer and sponsor that will follow the law of this country and sponsor and pay for the H1b. Avoid companies like Y just like plague.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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