Question details
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.
Mr.Rajiv Khanna and his team are handling my GC process. I interacted with Rita Dhakal for entire GC process; My Labor and I140 are approved without a issue. I also applied EAD cards renewal (Mr. Khanna Office reminded me) for my wife and me. They were submitted for approval. By looking at the entire process and Mr. Khanna team, I always feel I am getting the best service. Rita is very cooperative, faster response and great knowledge.
I always recommend my friends to Mr. Khanna team.