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Thread: W-4 form vs W-9 form on H1b visa !!!

  1. #1

    W-4 form vs W-9 form on H1b visa !!!

    Hello all,

    I am currently on F1-OPT status (expiring next week). A non-profit company is ready to file cap-exempt H1b for me. They said they will hire me on per diem basis and will move to full-time position soon but they can still sponsor me on per-diem basis. I have a couple of questions to ask.

    1. They asked me to fill in W-9 form instead of W-4 form. Is this possible on H1b visa?
    2. Does that mean they are classifying me as an independent contractor/ self-employed and not an employee? Is this possible on H1b visa?
    3. Based on W-9 form, I am assuming they will probably pay me through checks and will not run payroll, which means no pay stubs. Wouldn't this be a problem whenever I change my job?
    4. I am going to talk to them about all this but wanted to have my answers ready in case they try to fool me. My understanding is on H1b visa you are an employee of your employer and not independent contractor / self-employed.
    5. In case, they don't agree to me, should I move forward with them? I don't have any other job as of now, so basically I am in dire need.
    6. Could this put my H1b visa status in trouble?

    Thank you all. I really appreciate your valuable advice.

  2. #2
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  3. #3
    Quote Originally Posted by KK12 View Post
    Hello all,

    I am currently on F1-OPT status (expiring next week). A non-profit company is ready to file cap-exempt H1b for me. They said they will hire me on per diem basis and will move to full-time position soon but they can still sponsor me on per-diem basis. I have a couple of questions to ask.

    1. They asked me to fill in W-9 form instead of W-4 form. Is this possible on H1b visa?
    2. Does that mean they are classifying me as an independent contractor/ self-employed and not an employee? Is this possible on H1b visa?
    3. Based on W-9 form, I am assuming they will probably pay me through checks and will not run payroll, which means no pay stubs. Wouldn't this be a problem whenever I change my job?
    4. I am going to talk to them about all this but wanted to have my answers ready in case they try to fool me. My understanding is on H1b visa you are an employee of your employer and not independent contractor / self-employed.
    5. In case, they don't agree to me, should I move forward with them? I don't have any other job as of now, so basically I am in dire need.
    6. Could this put my H1b visa status in trouble?

    Thank you all. I really appreciate your valuable advice.
    An H-1B employer MUST pay you by paycheck and issue W-2 at the end of the year. That means you should be filling out the W-4. If they are not willing to do that, find another employer.

    This type of situation can become a huge issue when you try to transfer your employment to another employer and must submit pay stubs or a W-2 to prove you were validly employed and maintaining status. If you are not paid like a regular employer, USCIS could say that you were not properly maintaining your H-1B status.

    You have 60 days of grace period to find another employer. As long as H-1B is filed by April 1, you can stay here until your H-1B is active in October. (http://www.visapro.com/resources/default.asp).

  4. #4
    H1B still so stick right now? And i heard news that there is a lot of denials specially on Indians.

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