Posted by OE on 9/20/11

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A friend with a highly specialized science job has an H1B.
From what I can tell, that person was just paid out their
vacation pay, and told they would now be paid once a month
(instead of twice monthly), would not have taxes taken out
of their salary, and would not have a formal vacation
policy.

In other words, it seems pretty clear that the employer has
switched this person from an employee to an independent
contractor, while keeping all the job requirements EXACTLY
the same.

This seems like an obvious California Labor Code violation
to me. But that's not what I'm concerned about. I'm more
concerned about the H1B issue. Because this person is
technically no longer employed by their old employer, are
they still legally working here? What is the best strategy
here?

H1B has work status changed from employee to contractor, 9/20/11, by OE.

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