By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: Considering that the economy is not doing that good and sometimes projects get over and consultants go on “bench” without any client’s kind of situation, this is something not that uncommon. Related to this, as being on a H-1B 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 H-1B? Just trying to find out what the possible advantages would be at this time with EAD.
Spar & Bernstein: 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 us. As far as we 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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