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-   -   Can H1B status accept other company's check? (https://www.askmehelpdesk.com/showthread.php?t=31309)

  • Aug 9, 2006, 08:22 PM
    superpyz
    Can H1B status accept other company's check?
    Dear Friends

    I'm currently working as a H1B employee for company A. My friends ask ed me to purchase two computers for him, and he did not have enough money to pay me that time, he asked his part time company B to change his name to my name and give me a check as the payment for the purchase of two computers.
    I've accepted two these company B checks as my friends' payment.
    But I'm wondering that I violate any immigration law? Or do I have to pay tax for these two checks?

    Thanks a lot!
  • Aug 10, 2006, 08:08 AM
    taxsearcher
    You have a couple of issues to consider. These are both tax and immigration issues.

    1. From the immigration side, you might have a problem if it suddenly appears that you are working for an employer other than the H1B sponsor.

    2. From the tax side, it is not legal to shift tax liability from one person to another just by having the check written to someone else. Your friend is liable for tax on his income even though the check was written to you. The checks you received are income to your friend and should be reported on his tax return.
  • Aug 10, 2006, 08:19 AM
    superpyz
    Thanks
    Is there any way to prove that I did not work for company B?
    I only get my money from my friend. While company B own my friend money and my friend own me money, then my friend make company B to pay me.
    Do I need any document to prove this?

    Appreciate!
  • Aug 10, 2006, 08:20 AM
    LUNAGODDESS
    Superpyz that is a H1B: warning* no company worth it's salt will pay some one else for the work of another with out a contract stating such a transaction... your friend may not be a friend... tell him to cash his own check and then give you the money... go with him
  • Aug 10, 2006, 05:21 PM
    AtlantaTaxExpert
    I agree with Luna Goddess

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