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.
I decided to approach Rajiv when my employer requested me to help him get an H-1B approval for a senior executive he was interested in hiring. His petition had already been denied, making matters difficult. I thought of Rajiv right away because of my own experience with their law firm 15 years ago. My green card was done by Rajiv and his team and back then, everything went very smoothly. I found the team highly competent, responsive, and personable. I am so glad I thought of Rajiv because the H1 was approved, and I had an awesome experience working with the team (Rajiv, Pavi, Kalpana, and Anna) Pavi is energetic and efficient. The H1 petition was filed within 5 days, including personal review and reworking of the case by Rajiv. I admire their speed. I also had a chance to work with Kalpana when we had to respond to the RFE and it was great working with her, she is very detailed and thorough in her work. Anna was always there when I needed her, I truly enjoyed working with the whole team. Additionally, I really liked that they involved us in their whole process throughout. Our folders and our documents were open to us. We were all working on the same documents collaboratively.
Lastly, Rajiv supervised the case throughout and was always available to meet for any questions/doubts we had. Not only is he knowledgeable and experienced, but he is also easy to talk to explains the most nuanced concepts of the law in a manner that is comprehensible to anyone. I will make sure that I refer all my friends and coworkers to Rajiv. Thank you all for being so wonderful.