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 was referred to Rajiv Khanna's law firm by a friend. I filed and recently got my marriage-based green card through him. I had talked to one lawyer before Rajiv ji and consulted with Rajiv ji for a second opinion. Rajiv ji went beyond my list of questions and provided information and suggestions that I wasn't looking for and didn't even know existed (They say "You don't know what you don't know" for a reason). He was confident, kind, and professional. He even gave me an emergency appointment on a Friday morning when I was just an hour away from the airport, rushing to get on the flight back home to another country. When I was hesitant to take his advice, he said "If my daughter was in your place, I would have given her the same advice." I hung on to those words, stayed back in the country, got married, his firm filed my paperwork in time and I got my GC within 2 weeks of the interview. If it wasn't for Rajiv ji's firm and timely advice, I can't imagine how this immigration process would have turned out for me. I'm thankful to Heather Riddick for staying on top of things and being accessible to answer questions. Rajiv ji, you are doing a great job! May God bless you with a long and healthy life so you may continue to help many more people.