Hello everyone, I work at a startup and we are a team of about 50 people (including senior management). Today we got an imvite from the CEO and HR and there was a company wide announcement that because of current recession and insufficient funding available for the company, they are delaying the salaries of everyone by couple of weeks. (We get salaries every 15th of the month for previous month). They are talking to multiple private fundings and/or investors (15-20) to be exact and they "hope" to close the funding in couple of weeks. CEO also said that once they get the funding they will release 2 payrolls together if they had to. They will inform us about the situation in 2 weeks. Some information about me - I am currently on H1B and my i-140 is approved. As per the law we have to be with the same employer for atleast 6 months after i140 is approved. In Feb 2023 I'll be completing this 6 months and after that I'll be free to change employers without the fear of getting i140 revoked. I have some questions on H1B immigration 1. Since I'll not be getting salary on this 15th, I can assume that this will result in gap in my payroll. From USCIS perspective will I still be considered employed? 2. If they keep to what they are saying and somehow magically they are able to fund the company and release are paycheck for 2 months on next 15th (Feb 15th 2023) - then if I am questioned anytime by USCIS for the gap in payroll then I can justify that it was not just stopped, it just got delayed right? 3. If they don't get funding and decide not to release our payroll in the next few months- how can I justify this to USCIS? 4. Lastly, if after lets say 2 months they go bankrupt and company closes or lay me off - then how will I justify that I was employed for last two months? Since on H1B we only have 60 days, will USCIS consider that my clock will start on the day I am terminated or will it consider that I have already exhausted my clock time because I'll have no pay slips to prove that I was employed for the past 2 months? I have tried to give as much detail as possible. Please give suggestions/opinions on what should I do next? How should I approach this. Looking for some advice and help. Thank you. YOE: 5 , TC : 0 #techcareer #layoffs #recession #startup #tech
If they’re still in talks with potential investors but don’t have any term sheets, then there is not going to be money available to pay people in a couple of weeks. That’s not a reasonable timeline. Do what you’ve gotta do for your H1B, but what they’re doing right now is wage theft.
Yes, I think you are right. 2 weeks is quite an unreasonable timeline. And I think the real situation will be a lot worse and it is just downplayed by them.
@OP no salary .. no work
The company has to send a notification to uscis saying your employment is finished there. The day they put as the final date of employment on that notification is when the 60 day period starts. Also there is no requirement that you have to stay 6 months. 6 months is just the time period in which your company can take back the i140. If you have an understanding with your company that they won't take back the application, then you can move, if you accept the risk that they won't take the application back
Ahhhh the ol’ dangling the carrot trick again, eh?
Well start applying frantically and forget work. Promises of money don't pay the bills.
Big red flag if payroll gets delayed
It's highly unlikely an investor will want to put money in this climate into a company that just ran out.
It's unlikely they will be able to raise in this environment if it's gotten this far. Place I was last year it was obvious and I left. A month later slack, azure and employees hadn't gotten paid and everyone was scrambling. Get searching now, get out as fast as possible
Consult an immigration attorney. Worth it to pay their hourly fees for an hour or two. Start finding job outside as this is a big red flag. 1. Yes, because you are still employed by them. Btw, any company that doesn’t give wages to workers but keeps them on their payroll - that by definition - is illegal. 2. Yes. 3. Don’t know on this and can’t comment. 4. They have to send notification to USCIS about your last date. Till that date, USCIS will consider you as employed. Again, simply my opinions - consult an immigration attorney.
Thank you so much for your response.
You can even take unpaid leave of absence and it doesn’t change the fact of your employment
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I think it would be better to consult an immigration lawyer. I doubt any of us would have gone through something similar. My suggestion would be to forget I-140 for now and switch asap if you still have 3+ years of H1B left. Ask the new company to sponsor your GC soon after joining or within 6 months after joining. But better consult a lawyer as they would have more knowledge on all the rules.