Can anyone stay on the bench after getting the EAD

H

H1Extention

Registered Users (C)
Hi Everybody.
A friend of mine works for a recruiting company, he recently got his EAD Card but unfortunately his project with the company with which he was on a contract ended.

So now the situation is that Although he is still working for the same recruiting company but now he is on the bench. He knows that H1 visa expires if a person stays on bench for more than 6 weeks but wanted to know if anyone can stay on bench after EAD comes or does the EAD card also expire like H1 visa for being on the bench for more than 6 weeks.

I told him I can get some information from this forum so he is relying on me to get some info for him and I am relying on all of the gurus and friends in this forum for it :)
 
H1Extention said:
Hi Everybody.
A friend of mine works for a recruiting company, he recently got his EAD Card but unfortunately his project with the company with which he was on a contract ended.

So now the situation is that Although he is still working for the same recruiting company but now he is on the bench. He knows that H1 visa expires if a person stays on bench for more than 6 weeks but wanted to know if anyone can stay on bench after EAD comes or does the EAD card also expire like H1 visa for being on the bench for more than 6 weeks.

I told him I can get some information from this forum so he is relying on me to get some info for him and I am relying on all of the gurus and friends in this forum for it :)
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He can be live in the US without any issue until I-485 pending, right now your friend is on AOS. EAD won't expire if he don't work.
 
As long as he is getting paid while on the bench, he will be OK.
If he is not being paid, then his employer will be violating the terms of the H1 and he will be out of status immediately.
(His employer is obligated to pay him for the entire duration of the H1.)

If he updates the I-9 form and uses his EAD as the basis of employment, then there won't be any issues if he is not paid while on bench.
 
Thanks Chitti007 and Lahorebudhi for your responses. He needs to get paid until he changes his I-9 form does explains alot.
 
He can stay legally but if his current employer is the sponsor for green card and he switches to EAD for working without pay, there can be complications if USCSI asks him to submit W2 forms (they do ask quite a few people) and the pay is too less compared to LC.
 
ts1234 said:
He can stay legally but if his current employer is the sponsor for green card and he switches to EAD for working without pay, there can be complications if USCSI asks him to submit W2 forms (they do ask quite a few people) and the pay is too less compared to LC.
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Very good point.
Very often people look at only parts of the legislation that is favorable to them. And this is a good example.
A pending AOS allows you to stay legally; an approved EAD will allow you to work for anyone.

If you continue to work for the GC sponsoring employer, if the employer is not paying you then it could be seen as fraud.
(The employer had previously shown that there are no eligible citizens/LPRs and that the employer has the ability to pay the certified wages to the foreigner he intends to hire.)

A good read: http://www.greencardapply.com/news/news07/news07_1026.htm
 
chitti007 said:
If you continue to work for the GC sponsoring employer, if the employer is not paying you then it could be seen as fraud. (The employer had previously shown that there are no eligible citizens/LPRs and that the employer has the ability to pay the certified wages to the foreigner he intends to hire.)
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There is no requirement that the employer pay the prevailing wage (or employ the alien at all) until after Permanent Residency is granted. With that said, being on the bench unpaid terminates H1 status (whether the employee updates the I-9 or not) and could cause USCIS to question either the ability to pay or the job offer in general.
 
If EAD expires and the one applied for renewal still in process, what is the adverse effect on total process considering the following situations

1) Can he still work?
2) He should not work, then what is his status

TheRealCanadian can you please explain the possible troubles some one might face.
 
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