smn

Hi,

I was short-term employed on a J1 visa (visiting researcher), and unfortunately it took me until the grace period (30 days after work permit ends) to get a bank account and social security number. Now my employer says they can't pay for the work I did because my work permit is over!

Besides resenting myself for not sorting out my salary payment on time - what would be my next steps to get my salary? Does anybody know if my employer is right? Do I need a lawyer?

Best,
smn

Noorah101

By work permit are you referring to the J-1 expiration? I assume all work was done during the validity of your time in the USA.

What is the expiration date of your I-94?

Where are you now, still in the USA?

Your employer should have been using a dummy SSN all this time (this is perfectly legal), and can now input the real number. You should have been getting paid all along, were you not? Did you complete Federal and State tax forms when you got hired?

The bank account is irrelevant, but your employer was able to pay you without a SSN, so should have been doing so.

If you did legal work on a legal visa in the USA, you need to be paid.

Rene

smn

Thanks a lot Noorah.

Yes, the work permit refers to my J1 and I was working legally. I am now still in the US using the 30-day grace period. My DS2019 was valid until May 5th, so I can stay until June 4th. The expiration date on my I-94 is says 'D/S' so I believe May 5th was the relevant date.

The were a number of things I needed to give to my employer - the work engagement was very short and high pressure and I was admittedly slow to hand in these things, waiting until after May 5th. One of these things were Glacier tax forms, which I forgot to mention above. Perhaps the main problem is that I'm handing in these forms in too late.

Steve_

As long as you were work authorized, there isn't an issue. What did you put on the I-9? The payroll period is the period while you were work authorized, so late submittal of your SSN and bank details is irrelevant. They just put the work start date on the W-4, which has to be done regardless.

I suspect the issue is that they don't want to submit an amendment to their 941 and get fined for late submission, because the usual trick is to pay the person in the next pay period, but they can't because you're not work authorized anymore so they have to make the amendment to their 941, that's the law.

It shouldn't be that big of an issue, the IRS will usually waive the fine when they explain why it happened. You're exempt from FICA anyway so that makes it even more trivial. You may even be exempt from income tax withholding altogether if the term of employment was very short, so I can't really see what the issue is.

smn

Thanks, that's useful information Steve. There's a lot in there so I'm trying to understand it all.

I'm not sure what I put on the I-9 to be honest, I don't recall filling in such a form but that may be my memory. What item on that form are you referring to?

The W-9 form is one of the things mentioned that I hadn't handed in on time. It asks for an SSN. I think this form is equivalent to the W-4 but for contractors. Mine is titled 'Substitute W-9'.

Does this confirm your theory?

Particularly, I'm wondering if my failure to submit the tax form's Noraah mentioned may be the problem.

Noorah101

I don't know the reason nor why they don't want to now compensate you, but they must. You worked legally and must get paid. They can't just say "oh now we don't want to". Try calling the company HR or payroll department.

Rene

Nutmegger

tom169

Lawyer up if it comes to it.

Rete

Frankly, I would not be surprised if this institution is not considered in violation of not only US labor laws but laws/rules governing the J-1 visa that you were employed under. Yes, you were at fault for not completing employment documentation at the start of your employment, just as they were for not hounding you to complete the I-9 and the W-4. Why you did not find out exactly what needed to be done in regards to obtaining your social security number, completion of employment documents, etc. when you first accepted the J-1 position, I can't fathom why you were so lax in completing the forms required at the start of your employment.

As others suggested, I would contact the HR department immediately .... you can d/l the I-9 and the W-4 from the internet ... with the completed forms and advise them that you will seek advise of counsel if your salary is not immediately paid.

BTW what institute did you do research for? A private company? A department in a college/university? A pharmaceutical company? I would also file a complaint with the organization that handled your J-1 and follow up with the US Consulate that issued the J-1.

smn

Thanks for all the useful info, it's helping me make sense of this jungle of forms. This is a university, and I think they're starting to realize that they're wrong after I've contacted payroll. It's a giant bureaucratic mess with a whole bunch of people talking to each other now, which somehow makes me optimistic. Thanks for the help!