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Pay delayed by a month

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I am working for a Startup company. Due to funding issues, the last paystub I received was on Jan 2nd. Jan 27th pay has been delayed.

Employer promised to pay on Feb 15th.

In case Feb 15th pay is delayed, am I considered to be out of employment from Jan 2 (the last pay date)? 

*I have a valid H-1B visa till 2022

Thank you.

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This will have significant consequences. Not because you didn't receive paycheck but this shows employer's inability to fulfill basic qualification for sustainable employment. Your H1b comes with certain conditions employer has to follow. If they can't it is problematic for them particularly.

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I think you should start looking for other opportunities. You can check with the attorney of your company to understand consequences. Maybe a layoff is in their cards.

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