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

Boston, MA |
Attorney answers 3

Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

Thank you Mr Capriotti for your time. But my employer is giving me w-4 and we have to file h1b visa this year. he will offer me w-2 next year january. Can you please let me know if that will affect h1 visa eligibilty or not?? bcs I read somewhere that h1b workers must be hired as w-2 and you cant be self employed on an h-1b visa. thank you in advance..

F. J. Capriotti III

F. J. Capriotti III

Posted

There are clearly facts missing from your question. Are you already working? If so, on what kind of visa? You had best talk to the company's immigration lawyer.

Posted

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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

thank you for the information.....i really appreciate your time...

Posted

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.

www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

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