Only been 15 days on H1, can i switch jobs?

[mkk]

This is a worst case scenario I guess.

Long story short, this is it.

I got the offer almost an year ago, and there were delays getting my H1 filed. Company is a low profile startup and they asked me if I can take the cost ($3000), they paid the rest ($3000) and got my visa done on fast processing. I was offered a car and housing (not written on offer letter but on emails) as well.

But as soon as I came here, I realized that the company is going broke (stocks flat out down) and they have financial problems. They paid for my housing ($3000) but did not offer the car or doesn't seem all that good. Two guys were fired recently and I hear from others that payment is not regularly. I am the only H1 in the company so it makes things even difficult for me.

Now, I just got my bank account.
I applied for SSN, and it should take upto 2 weeks to get it.
I have no payslips yet.
I have a bunch of documents to fill out from the HR department, and there is a direct deposit form as well (which is the payslip I assume) but it requires the SSN number. There is also a W4 form as well.
The HR dept told me that they cannot get me on payrolls (they use ADP) until my social security number is available and can pay me in cash for the first month. I'm guessing this will get me pushed to next month (March), until I get on payrolls.

Now, the thing is, with the management not "looking sound" and the company financially broken, I'm cautious and want to guard my a**. What if they tell me that they cannot pay me in full because of the problems?

If I get paid in cash now (Feb), should I keep a receipt or something for it to be counted as paystub?
Will I be out of status the first month itself?
I am looking for other jobs and have good offers but they do not know that I'm only one month old here.
I talked to my lawyer who told that if I have to switch jobs, they have to file a brand new H1, but there is no waiting period, I can work the very next day with the new company.

My question is,
- Should I wait for my SSN number and another three months with this company hoping that they will pay me the promised amount? (according to the offer letter its about $6250)
- Or can I look for another job now (which I have offers for) and switch as soon as I get my SSN because what if this company doesn't pay me in full the coming months?
- If I get into ADP payrolls, and the direct deposit thing, am I safe, will the money keep coming in monthly? (Then I can get the three months paystub I guess)

Please advice.

Thank you

[shervin143]

First of all, don't get paid in cash. If a payslip is not generated, then you will go out of status on H1B and it is also be considered as a tax fraud if you get caught. The company cannot process your payslip until you get the SSN. That is okay. They can process your payslip once you receive the SSN (it will take about 3 weeks to get the SSN) as back dated and that will resolve the issue. Fow now, check with them to see if they can pay yu an advance which you can repay back once you receive the salary. Make sure the advance that you get doesn't get directly deducted from your pay slip. You get the whole pay for the month and they pay them back so that you will have a proper pay slip.

In order to transfer the H1B, you need to prove that you maintained your H1B status. Pay slips are very important to prove that you maintained your H1B status. You can file the transfer even after a month. But you need to have a proper pay slip for the month to prove your valid status. You can join the new employer upon filing the H1B transfer petition. But it is not advisable to do so. If the transfer gets rejected or if it gets approved without a new I-94, you will be in trouble and will have to leave the country. So if you want toplay it safe, then join the new employer only after a successful transfer. Premium processing will get you the result within 15 days.

[mkk]

Thanks Shervin, appreciate the quick turnaround.

So you think waiting for a month (or three) and getting into the payrolls asap as I get the SSN is a safer option right?

They pay me petty cash now, like once in couple of days, instead of advance (as their finance is not sound I suppose).

Good thing is that the owner is friendly with me. Is there anything I can ask him to help me maintain my status? (Ex: Asking him to pay me in payslip and then return the cash or something)

Thank you

First of all, don't get paid in cash. If a payslip is not generated, then you will go out of status on H1B and it is also be considered as a tax fraud if you get caught. The company cannot process your payslip until you get the SSN. That is okay. They can process your payslip once you receive the SSN (it will take about 3 weeks to get the SSN) as back dated and that will resolve the issue. Fow now, check with them to see if they can pay yu an advance which you can repay back once you receive the salary. Make sure the advance that you get doesn't get directly deducted from your pay slip. You get the whole pay for the month and they pay them back so that you will have a proper pay slip.

In order to transfer the H1B, you need to prove that you maintained your H1B status. Pay slips are very important to prove that you maintained your H1B status. You can file the transfer even after a month. But you need to have a proper pay slip for the month to prove your valid status. You can join the new employer upon filing the H1B transfer petition. But it is not advisable to do so. If the transfer gets rejected or if it gets approved without a new I-94, you will be in trouble and will have to leave the country. So if you want toplay it safe, then join the new employer only after a successful transfer. Premium processing will get you the result within 15 days.

[shervin143]

Ask them not to deduct all these from your pay slip. Ask them to generate an actual pay slip as per the approved LCA and withhold taxes on that. Once the money gets deposited to your account, return them all the cash that you got from them. Or if you can, return it before they process your payslip. Ultimately, your payslip should match the approved LCA and taxes should be withhold on that to maintain your H1B status.

Thanks Shervin, appreciate the quick turnaround.

So you think waiting for a month (or three) and getting into the payrolls asap as I get the SSN is a safer option right?

They pay me petty cash now, like once in couple of days, instead of advance (as their finance is not sound I suppose).

Good thing is that the owner is friendly with me. Is there anything I can ask him to help me maintain my status? (Ex: Asking him to pay me in payslip and then return the cash or something)

Thank you

[mkk]

Got it. Thanks you Shervin.

Hope it works out. I'm only concerned about if they would pay the money in full on payslip.

If they don't I should consider talking to the attorney I guess. Hope they won't fire me before that.

Ask them not to deduct all these from your pay slip. Ask them to generate an actual pay slip as per the approved LCA and withhold taxes on that. Once the money gets deposited to your account, return them all the cash that you got from them. Or if you can, return it before they process your payslip. Ultimately, your payslip should match the approved LCA and taxes should be withhold on that to maintain your H1B status.

[shervin143]

The employer should pay you as per the approved LCA. If not you can complain to DOL and make them pay. You can also file a H1B transfer with a copy of the complaint and the transfer should go through fine. Go through the below links.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-em...int-procedure/

Got it. Thanks you Shervin.

Hope it works out. I'm only concerned about if they would pay the money in full on payslip.

If they don't I should consider talking to the attorney I guess. Hope they won't fire me before that.

[mkk]

Thank you very much Shervin. Appreciate it very much.