Can employer file h1b visa for person who is on w-4 or person have to be on w-2??

Asked about 1 year ago - Boston, MA

my employer is giving me w-4 not w-2!!

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . An H-1B visa must be an employee, not a contractor.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Kristina A. Gasson

    Contributor Level 12


    Lawyers agree


    Answered . My colleague is correct. A W4 is filled out at the time of employment to determine your eligibility to work. A W2 is sent to you each January that lists the amount of wages you earned and taxes you paid so you can file your tax return.

    The requirements for an H1B visa are more complicated than simply being employed and found eligible to work on a W4. I suggest you contact an immigration attorney to help you. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement... more
  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree


    Answered . I think you are confused.

    First, I am not a tax lawyer.

    But, a W-4 form is given to an employee when they start work .... asking for your SS#.

    A W-2 is given to an employee in January of every year ... telling you how much you made.

    They are connected/related.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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