z******r
发帖数: 517 | 1 有朋友去年底由OPT转了H1B，在一家IT公司工作，现在有一个startup需要找人做几个
项目，他的一个朋友找了他。但公司现在的阶段似乎办不了H1B，这样是不是只能
unpaid？有什么变通的方法么，现金之类的可行么？或者如果把他的工作量算成他朋友
的（他朋友现在还是OPT），然后他朋友单独给他现金呢？不太清楚有没有什么靠谱的
方案，他问我但我也不清楚，似乎比较急。
另外如果实在搞不定，最后还是unpaid，这种未必是长期合作的关系提出拿公司很小的
一部分股份是否合理？
谢谢！ | B****k
发帖数: 188 | 2 法律上 每一笔收入都要有一个H1b sponsor
现金貌似可以…… | T*******e
发帖数: 4928 | 3 under-table cash is ok as long as that startup can handle
the risk of audit from IRS.
However, if the boss of that startup pays your friend some
under-table cash from his own pocket instead of from that
startup's income (so that money never shows up on any payroll
or accounts), and both sides don't make a fuss about it,
I don't see how IRS can even know.
Of course, it is still illegal even he may not get caught.
I remember that a h1b holder can be a non-paid director of another
company without applying for another h1b (not very sure about
the accuracy of this info), but I doubt he can be a major shareholder
or be paid by shares. Anyway, I don't know much about the rules of H1B taking on another position without another h1b, pls consult legal
advice on this. Just be careful. | z******r
发帖数: 517 | 4 嗯，谢谢，我听说的也是这样，只是似乎不少人都有办法work around，不清楚是怎么
弄的……也许大部分是现金吧。
【在 B****k 的大作中提到】
: 法律上 每一笔收入都要有一个H1b sponsor
: 现金貌似可以……
| z******r
发帖数: 517 | 5 Oh, I doubt the boss would pay with his own money... But what about paying
an employee more as the workload increases, and then the employee pays for
my friend the extra (after tax) by cash? Looks similar to me.
I know a lot of people founded companies with H1B status, and as long as
they don't get paid by their own company they are fine. It doen't make sense
to me if a company owner is not a shareholder... But it is possible that
founder and employee are treated differently in this aspect, I'm not sure
about that.
Thanks a lot!
【在 T*******e 的大作中提到】
: under-table cash is ok as long as that startup can handle
: the risk of audit from IRS.
: However, if the boss of that startup pays your friend some
: under-table cash from his own pocket instead of from that
: startup's income (so that money never shows up on any payroll
: or accounts), and both sides don't make a fuss about it,
: I don't see how IRS can even know.
: Of course, it is still illegal even he may not get caught.
: I remember that a h1b holder can be a non-paid director of another
: company without applying for another h1b (not very sure about
| T*******e
发帖数: 4928 | 6 It's ok as long as your friend takes into consideration that
the part of salary for him may increase that employee's tax
bracket.
【在 z******r 的大作中提到】
: Oh, I doubt the boss would pay with his own money... But what about paying
: an employee more as the workload increases, and then the employee pays for
: my friend the extra (after tax) by cash? Looks similar to me.
: I know a lot of people founded companies with H1B status, and as long as
: they don't get paid by their own company they are fine. It doen't make sense
: to me if a company owner is not a shareholder... But it is possible that
: founder and employee are treated differently in this aspect, I'm not sure
: about that.
: Thanks a lot!
| z******r
发帖数: 517 | 7 Thanks! Actually I was wondering if handling the job in this way, is there
any way IRS would find it out? Thanks!
【在 T*******e 的大作中提到】
: It's ok as long as your friend takes into consideration that
: the part of salary for him may increase that employee's tax
: bracket.
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