Urgent: Questions on H1B Hourly Contract work

[sannad]

I am currently in the US on H4 status. I was recently offered an IT contractor position by a client company since they liked my profile. However, since they only need a contractor and not a full time employee, they offered assistance in finding a vendor (as a middle layer) who they have relationship with and who may be willing to process my H1B. The client company wants to know an hourly pay rate from me so that they can negotiate and pay my vendor directly. I have few questions here:

 

1. Will I be considered the employee of the vendor once they file my H1b? If yes, should they mandatorily offer me benefits or is it optional?

 

2. Should the vendor mandatorily give me a W2 since they are filing my H1B or there is no such rule and may also choose to give me 1099? Do I have any say in this matter? I heard 1099 can mean more taxes from my pocket.

 

3. For whatever reason client company asked for my hourly rate and not per annum salary. Does it mean that my H1B employer (the vendor) will pay me an hourly rate or will they pay a salary in lumpsum. Which one is better or mandatory per H1B rules?

 

4. Is there a minimum number of hours that the vendor/client company must offer to let me work as per H1B? I want to make sure that I don't end up working too less hours that will jeopradize my immigration status?

 

5. How do I know that the vendor is a legitimate (not fraud)? I want to make sure my employment and immigration records are clean. 

 

Thank you

S

[t75]

Unless you have held a H1B previously, you must wait until April 2015 for a petition to be filed for you. You have a long time to find an employer.

[JoeF]

On H1, you would be an employee. You don't negotiate any hourly rate, the employer would have an agreement with the company.

This stuff that is tried here is very shady. It is clear that there is no employer-employee relationship between the "vendor" and you, that it is just a construct to go around the immigration laws.

Stay away from this company and the "vendor." They are both shady.