Stem Opt Unpaid Wages

Summary

In New Jersey, employers must pay employees for their work. If unpaid, file a wage complaint with the New Jersey Department of Labor and Workforce Development. For STEM OPT, new employment must relate to your degree, and the employer must be E-Verify enrolled. Update your DSO with new job details. USCIS may check tax records, so ensure taxes are filed correctly. If no W-2 is provided, use IRS Form 4852 to self-report income and pay taxes.

Full Conversation

I am on STEM OPT and my consultancy did not pay me for 4 months
Hi ****, that sounds like a serious issue. In New Jersey, employers are required to pay employees for their work. Here are some steps you could consider:
- Contact your employer to resolve the issue directly.
- Document all communications and work performed during the unpaid period.
- File a wage complaint with the New Jersey Department of Labor and Workforce Development.
Have you already tried discussing this with your employer?
is it fine if I get another job?
Yes, you can get another job, but there are specific rules you need to follow under the STEM OPT extension:
- Your new employment must be directly related to your degree field.
- You need to update your Designated School Official (DSO) with the new employer's information.
- Ensure the new employer is enrolled in E-Verify.
Have you already found a potential new employer?
yes
Great, ****! Since you have found a potential new employer, make sure they are E-Verify enrolled. Also, don't forget to update your DSO with the new job details. Have you also started the process of filing a wage complaint with the New Jersey Department of Labor and Workforce Development regarding your unpaid wages?
no
****, I recommend starting the process of filing a wage complaint with the New Jersey Department of Labor and Workforce Development as soon as possible. This can help you recover the unpaid wages from your previous employer.
Do you need guidance on how to file the complaint?
does USCIS check my taxes?
USCIS may check your tax records, especially when you apply for benefits like extensions, changes of status, or permanent residency. It's important to ensure your taxes are filed correctly and up-to-date.
Do you need more information on how to handle unpaid wages or tax filing?
what if i don't have W2 and not pay taxes?
****, not having a W-* and not paying taxes can lead to significant issues, especially with USCIS. Here are some points to consider:
- Employers are required to provide W-2s: They must provide this by January 31st for the previous year.
- File Form *: If your employer does not provide a W-*, you can use Form * as a substitute.
- Self-report income: Even without a W-*, you must report and pay taxes on all income.
Would you like guidance on how to file Form *?
self report income?
****, self-reporting income involves reporting all the income you received, even if you didn't get a W-* from your employer. Here are the steps:
- Use IRS Form * as a substitute for the W-*.
- Report your total income earned.
- Pay any taxes owed on that income.
Would you like more detailed guidance on completing IRS Form *?