Final Pay Check After Employer Change on H1B

[MMPP]

Hello Friends!

I am posting this on behalf of my friend.

My friend worked for an employer on H1B for 5 years. She had to work over time on many occasions for which she got paid from the client. However in order to save the money, and based on the mutual agreement between the employer and her, the overtime money was not reflected on her paystub's. As the employer did not provide any 401K, she thought she would just save the extra money, as she feared that she would spend it all, if it hits her bank account.
Now after 5 years she changed her employer in November.

Now, what would be the best way legally for both the employer and employee to handle that money?

As the books have been closed, how can the employer pay her the money.

As the amount is little more than 20K, what is the best possible way for her to receive the money.

Please advise.

Thanks!

[raghvi]

Hello Friends!

I am posting this on behalf of my friend.

My friend worked for an employer on H1B for 5 years. She had to work over time on many occasions for which she got paid from the client. However in order to save the money, and based on the mutual agreement between the employer and her, the overtime money was not reflected on her paystub's. As the employer did not provide any 401K, she thought she would just save the extra money, as she feared that she would spend it all, if it hits her bank account.
Now after 5 years she changed her employer in November.

Now, what would be the best way legally for both the employer and employee to handle that money?

As the books have been closed, how can the employer pay her the money.

As the amount is little more than 20K, what is the best possible way for her to receive the money.

Please advise.

Thanks!

All income is taxable and reportable on the W2. If not then it can be problematic.

This is my opinion not legal advice.

[MMPP]

Hello!!

Agreed.

How can the employer issue W2 now, as the books are closed.

How can the employee accept the W2 this year? As he has not worked for that employer this year. Also, he is tied with H1b with another employer.

Thanks!

[PryncissQueen]

I think she should consult a financial professional... There should have been some type of fund set up for this situation... It sounds just like a 401k... The taxes are going to have to be paid on this money. The company should have someone with finance/tax knowledge... She may want to get an independent consultant.