Employers and Employees -- H-1 or EAD?
Considering that the economy is not doing that good and sometimes projects get over and consultants go on "bench" without any clients kinda situation, this is something not that uncommon. Related to this, as being on a H1B requires me to maintain the LCA salary as mentioned on my W2, would switching to EAD with my sponsoring employer help with getting away from this restriction?
Does that also mean that if I don't get paid by my employer for a certain period and I am on an EAD, there is no issue with my GC/status at all as there is no H1B.
Just trying to find out what the possible advantages would be at this time with EAD.
There are two situations to analyze here: being benched and getting paid a lower salary. Both of them have problematic implications for employers and employees.
Here is what concerns me. As far as I know, it has never been done so far, but the possible consequences of being benched are that the I-485 can be denied and (POSSIBLY, but there are strong arguments against it) I-140 could be revoked if already approved. If I-140 is not approved, USCIS could easily deny the I-140.
Though still waiting for my last stage of GC to be cleared, I went with Rajiv S. Khanna as my attorney. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules & regulations. He helped me at every point in the whole process even when my 6 yr H1-B was getting expired to file the renewal with appropriate paperwork and was very quick to do this. I never had any problem or incompletion about the paperwork done under his guidance, which has been perfect. Perfect paperwork reduces the total time of this lengthy process. His associates who worked with me on my case are very thorough. I am greatly thankful to Richa Narang who worked with me from the begining of the process and then Prerna Mehta who took over later who is always available and is happy to respond calmly and peacefully. Also many, many thanks to Sheena, Mathew, Lakshmi and other staff members who are very co-operative and would return calls & e-mails promptly. I even got good & prompt advises on some legal issues even if it wasn't the area of interest for them and not related to my case. I am really glad that I chose this Law firm. I am greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC.