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Employers and Employees -- H-1 or EAD?

15 years ago By Chief Editor

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.

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H-1 without specific job/GC continuation without H-1

15 years ago By Chief Editor

1. I don't have a work order or client letter to support my H1B extension which is expiring on 2nd June. Is it legally not allowed to file for H1B extension without this or to avoid RFE one need to support extension with this.

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New H-1 employee returning -- rights and issues

15 years ago By Chief Editor

Question details

Our employee XYZ has arrived in the US. However, it appears that because of the job market in the US, he is going to return home to his old job. I know you said they are allowed to return back to USA at a later date if they choose to work for us down the road. But my question is how long may he stay without getting paid until he must return home? I know you sent me information about benching, stating:

Q. What is the law regarding the benching of H-1 holding employees?
A. The law does NOT permit benching without full salary payment by the employer. The only exception is that when an employer first hires an employee on H-1B they are allowed an initial period of 30 or 60 days during which the employee does not have to be paid while on bench.
i. If the employee is currently in USA and adjusts status or transfers from one employer to another within USA - the bench-without-pay period is 60 days from the date of approval of the petition by INS.
ii. If the employee is entering USA from abroad, the period is 30 days from the date of entry into USA.

If I'm interpreting this correctly, we must pay him no later than day 30 of his arrival here in the USA?

There are a couple of issues I want to clarify. The period of payment begins on the earlier of the two events: when the employee presents himself/herself for the job or 30/60 days. DOL considers it to be irrefutable evidence of having reported when a consulting company starts "marketing" the resume (Note also that to bring an employee in without a project has been elevated by this administration to be an indictable offense, which I think is unlikely to stand up in courts).

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Unreasonable H-1 requests from CIS

15 years ago By Chief Editor

USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:

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Guestbook Entry for SL, United States

10 years ago By Anonymous (not verified)

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United States

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Our organization has worked with Mr. Khanna for almost 10 years, and retained their services for our immigration needs related to H1 and Green Card filings. Mr. Khanna’s advice has helped us as well as our employees in the most critical immigration related issues. I have worked very closely with Anna Baker, Rena Waddell and Vijay Durgam. I would say that Mr. Khanna has an excellent team in place, extremely approachable, efficient, having an eye for detail, helpful and professional. Inspite of the large volume of cases handled by their office; they manage to review minute details of each case, bring forth concerns if any in a timely manner, along with solutions to handle the concerns. We have secured a 100% success rate in all our filings till date through their office. Reason – efficient and trained staff, and above all Mr. Khanna who has always made himself available for any guidance which may be required. The community conference calls hosted by Mr. Khanna have been highly appreciated by employers as well as employees. This is a free service to the community and is commendable. Mr. Khanna has always provided the right guidance, at the same time keeps his clients updated with latest regulations / amendments. We look forward to work with him for many more years to come. Would highly recommend Mr. Khanna’s office for any immigration related matters and guidance. Good Luck to you and your team Mr. Khanna; keep up the good work! Appreciate it!