Is working on w2 safe for a Student with F1 visa-OPT

[Raghavendra Rao]

Hello friends, I am currently on OPT which started in july,2013. I am working for an employer on w2 from sep 2013. I have a few questions,

1. Can people on OPT-F1 visa work on w2, I heard from one of my friends that after your project is done with the current employer you should find a new employer with in ten days to maintain status if you are working on w2. Is that right?

2. What is the difference between w2 between corp 2 corp?

3. I got this job offer when I was trying for a full time, some random consultancy guy submitted my profile to the client and I got selected after the interview process, I started working for that employer after 65 days from the start of my OPT i.e. in september 2013. After this project gets over how many more days can I stay unemployed ??

Thanks in advance for your help friends.

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[DesiOPT-FaceBook-Fan]

If you are working on W-2 with a Company say HP, it means your H1 will be with company HP
Where as Corp to Corp means a vendor will be in Tie with a company
W2 usually means the employer gives you a pay check and pay stub which contains details of money deducted for SS, Federal, State taxes.
C2C treats you as corporate entity Rather than Individual

[DesiOPT-FaceBook-Fan]

Answer to Question 1: Usually legally they won't. The tax rates for W2 are high when compared to F1.

[DesiOPT-FaceBook-Fan]

As a beginner I can understand your dilemma...but keep one thing in mind...you will listen 100 different things from everywhere. Some right some wrong. ALWAYS refer to the legal content provided by government agencies or ask your DSO.

[DesiOPT-FaceBook-Fan]

Now answers to your questions...
1. Yes absolutely. You can work on W-2 if you are authorized to work in US.
2. W-2 means that your are a full or parttime employee of the company. Consultancies hire either on W-2 (as fulltime employee) or on Form 1099 ( independent contractor). In your case you will remain as employee of your employer even you change the project/ client. SO that is good.
on OPT, you can remain as unpaid intern in case you don't have client to work for but it is not advisable. On OPT extension you have to be employed and paid all the time. I am not sure about unemployment period but as per my understanding it is 60 days.
3. W2 is for fulltime employee of company and corp to corp is vendor to vendor which doesn't apply to you. It is for legal corporations only.
4. I am not sure but it is 60 days. Please ask your DSO or take a legal advice.

I hope this helps. This is just my opinion. I might be wrong on few points where I mentioned "I am not sure". If you have more concerns, inbox me and I might be able to solve some if not all.

[DesiOPT-FaceBook-Fan]

1 yes ( w2 is a regular employment 1099 is independent contractor) ..
2 hmm it is not about u r project .. it is about u r employment if your employment is terminated then the unemployment u can is is total of 90 days in whole initial OPT period ..
3 hmm corp 2 corp is getting service from u r employer ( where u currently working)
where as w2 you see in the IT market is you are working for that offering company as employee ..
4 hmm if u r employment ( not project ) is terminated you have 25 more days as you used 65 days out of 90 ..

[DesiOPT-FaceBook-Fan]

small correction with point 2 unpaid intern for profit companies is not easy and it gotta follow FLSA rules .. rather than employer can simply say unpaid vacation ..

[DesiOPT-FaceBook-Fan]

True. I prefer to avoid any gaps of unemployment or any kinda fake vacation to be honest.

[DesiOPT-FaceBook-Fan]

ya .. any way nice post ..