An H2B worker recently shared their story online, laying bare a struggle that resonated deeply with the immigrant community. After transitioning to H1B status in October and securing a promising new job, this worker should be celebrating. Instead he’s entangled in a frustrating situation with their current employer’s payroll practices, which now threaten their ability to make a smooth transition.
The dilemma? To make this transfer with the USCIS, they require proof that he was on payroll in October, and for this current employer – a “desi consultancy,” it means one month of wages are withheld, meaning a person gets paid for working throughout August with an October 1st paystub.
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He won’t have an October payslip until December, well into the mid-November date at his new job. Such delays place the worker in an indefensible position, as he tries to prove continuous employment in a system that doesn’t accommodate such payroll practices.
But he is now questioning whether other corroborative documents, such as a W-2 form or payslip from November showcasing work dates from October, would be acceptable to the USCIS to prove their employment.
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This possible gap in employment, which could lead to a major effect on their visa status and ultimately his future in the United States, was truly a concern.
The story depicts the reality faced by several immigrants who come to the U.S. on H1B visas, especially for consultancies of smaller sizes. Many find themselves caught between outdated payroll practices and strict immigration requirements, constantly juggling documentation to prove their compliance. It’s a delicate balance, and it can be exhausting.
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