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H1B with Parent Company/ Payroll with Sister Company - Problems??

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  • H1B with Parent Company/ Payroll with Sister Company - Problems??

    I was working Full-Time with a company(Parent Company) on OPT until September, and got my H1B through a company which is effective from Oct 2010. For the first month my paychecks were run on Parent Company, but later on Nov 1, Parent company formed a new company (Sister Company) and ran my payroll on Sister Company. Both companies have same physical address but the name of the company is different. Here are my questions:

    1)Since my H1-B has Parent Company name on it and my payroll was run on Sister company from Nov 1,2010- till to date( 2 months), would this be a problem?
    2)Is there any rule that sister company can run payroll for Parent company?
    3) Going forward, if my payroll runs on Parent Company (because this matches my H1-B) will this be ok?

    Please advise. Thanks!

    Thanks!

  • #2
    1. Sure is a problem. You can only have payroll from the company that has your H1b. Unless the new sister company acquired the old company and its immigration cases. You would be considered to be working illegally under the circumstances that you have outlined.
    2. No such rule. Plain and simple, illegal. You will be in for big trouble. Ask them to reverse payments and process under old company or have a h1b filed under the sister company.
    3. You have to correct the older mistake first as once you have illegal employment, it causes a plethora of problems.

    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
      H1B with Parent Company/ Payroll with Sister Company - Problems??

      I have received W2 form from new company, is it possible to correct now?
      Please advise me. Thanks!

      Comment


      • #4
        MUST be corrected as the employer cannot employ you illegally. If not, you have to work with DOL to correct the situation. It is YOUR status and future that is in question here. Employer can be fined for employing illegally and block them from future H1b sponsoring.

        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


        • #5
          Hi Can I ask how you deal with it finally? I meet similar situations. Thanks.
          Originally posted by praneeth85 View Post
          I have received W2 form from new company, is it possible to correct now?
          Please advise me. Thanks!

          Comment


          • #6
            Hi

            Can you share how did you correct this ? Thank you.

            Comment


            • #7
              Originally posted by praneeth85 View Post
              I was working Full-Time with a company(Parent Company) on OPT until September, and got my H1B through a company which is effective from Oct 2010. For the first month my paychecks were run on Parent Company, but later on Nov 1, Parent company formed a new company (Sister Company) and ran my payroll on Sister Company. Both companies have same physical address but the name of the company is different. Here are my questions:

              1)Since my H1-B has Parent Company name on it and my payroll was run on Sister company from Nov 1,2010- till to date( 2 months), would this be a problem?
              2)Is there any rule that sister company can run payroll for Parent company?
              3) Going forward, if my payroll runs on Parent Company (because this matches my H1-B) will this be ok?

              Please advise. Thanks!

              Thanks!
              This is pretty awesome. Thanks.

              Comment


              • #8
                Originally posted by praneeth85 View Post
                I was working Full-Time with a company(Parent Company) on OPT until September, and got my H1B through a company which is effective from Oct 2010. For the first month my paychecks were run on Parent Company, but later on Nov 1, Parent company formed a new company (Sister Company) and ran my payroll on Sister Company. Both companies have same physical address but the name of the company is different. Here are my questions:

                1)Since my H1-B has Parent Company name on it and my payroll was run on Sister company from Nov 1,2010- till to date( 2 months), would this be a problem?
                2)Is there any rule that sister company can run payroll for Parent company?
                3) Going forward, if my payroll runs on Parent Company (because this matches my H1-B) will this be ok?

                Please advise. Thanks!

                Thanks!
                I am going through the same issue, can you help by telling us how you got this resolved ? Thanks

                Comment


                • #9
                  Originally posted by samratt View Post
                  Hi

                  Can you share how did you correct this ? Thank you.
                  I am going through the same issue, can you help by telling us how you got this resolved ? Thanks

                  Comment


                  • #10
                    Originally posted by Bill Zhang View Post
                    Hi Can I ask how you deal with it finally? I meet similar situations. Thanks.
                    I am going through the same issue, can you help by telling us how you got this resolved ? Thanks

                    Comment

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