How to return unwanted salary when on H1B visa?


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My case seems to be unique. Please help with your advice and suggestions ASAP.


I am working with “Employer A” who stopped my salary as I was on bench (without a project) for 2 weeks. Then Employer A started sending daily reminders to return to offshore. Panicked and without pay, I approached Employer B who filed for the transfer of my H1B visa. At the time of transfer, Employer B asked me to sign an Employment Contract stating that this contract is required to initiate the H1B petition transfer and extension. In that contract, Employer B included a clause that said that I need to pay them $10,000 if I quit the company within a year of joining. Subsequently, without my knowledge, Employer B processed my salary for a month. I never resigned from Employer A and therefore never joined or did any work for Employer B.


A month later, I was assigned to a project by Employer A and ‘Employer A’ filed for my extension and amendment. On the subsequent pay date, Employer A paid all of the salary (including arrears) that was stopped when I was on bench.


I contacted Employer B and asked them to stop processing my salary. I want to return all of the money spent by Employer B towards my salary for that 1 month (net salary deposited in my bank account + Federal, State, and other taxes + Payroll Taxes).


Now please advise me about the following questions ASAP.


  1. Employer B asked me to return the salary to a personal bank account and not to the company account. Is that fine? Employer B asked me to return the money by online bank transfer and not by check. Is that fine?


  1. Employer B offered to provide me with W2 at the end of the year. Using that, can I claim the federal and state taxes (for that one month) when filing returns since I am returning the money to Employer B and also because I paid these taxes for the same month as part of my salary from Employer A?  In addition to W2, do I need any additional documents from Employer B in order for me to successfully claim the federal and state taxes for that one month?


  1. Since both Employer A and Employer B filed my extension (employer A field a month later than Employer B), will there be any impact on my petition extension? Will there be any RFE since Employer B processed my salary even though I did not join them?


Please advise ASAP. Thanks in advance.  


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