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H1B Transfer Contract confussion.....

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  • H1B Transfer Contract confussion.....

    Hi Senior Members,
    which is the best contract to transfer H1B from Employer A to Employer B.
    1) Currently I am working on corp to corp with employer - A (as consultant).
    2) employer B is ready to hired me on W2 Contract (but they ask me for H1b transfer).
    I search on it but I don't understand mainly differnace that which is the best contract , "corp to corp " or "W2 contract".
    Thanks

  • #2
    the difference

    W2 means you are going through thier payroll, they'll deduct you payroll tax, state, insurance etc.

    Corp to corp means you'll be going as a contractor, ie a service provider and they'll pay the agreed rate and you have to register your own company and pay all the worker comp taxes, any other business taxes and pay yourself. but i dont know if corp to corp is allowed for H1

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    • #3
      Originally posted by xbzus View Post
      W2 means you are going through thier payroll, they'll deduct you payroll tax, state, insurance etc.

      Corp to corp means you'll be going as a contractor, ie a service provider and they'll pay the agreed rate and you have to register your own company and pay all the worker comp taxes, any other business taxes and pay yourself. but i dont know if corp to corp is allowed for H1
      -- right now I am working as corp to corp and my employer A is deducted FICA , Medical is written in my paystubs. I asked my employer A he told me you are on corp to corp as consultant. you are not employee of client company. I am working in colorado and my paystubs is issued by Tenesse state employer A.
      still I am confuse that about W2.

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      • #4
        On a H1b, you have to be on a W2 with your employer. Rest is all illegal. Corp to corp is self explanatory. That is between two corporations or companies.

        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.

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        • #5
          Originally posted by txh1b View Post
          On a H1b, you have to be on a W2 with your employer. Rest is all illegal. Corp to corp is self explanatory. That is between two corporations or companies.
          ----- ohh thanks, they gives me pay stubs, but some confussion was there to understand my employer and client..

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          • #6
            One that pays you by paycheck also gives you a W2. You cannot work on a 1099 or as an independent contractor/freelancer. What your company has with a client or a subvendor is corp-corp.

            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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