Can one be on bench(unpaid) during I-485? Will it affect the gc processing?

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vscwaiter10

Registered Users (C)
Hi guys,
   Can anyone clarify me on this. Can one be on bench(unpaid) during I-485? Will it affect the gc processing? I am on bench now without salary having an EAD. I will not be paid till I get a project. Is it okay? Anyone in the same boat and got approval, please share your experience. I believe lot of guys will be in this situation.
 
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Yes it will be a problem if INS asks for latest pay stubs. Which very normal RFE. But thats your companies problem as it needs to provide else it will be illegal and unlawfully. They can get screwed for that. Hope you wont get RFE but after GC sue them for not paying. Nowadays companies pay bench and mention in paystub.
 
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When would INS asks for paystubs? Is it random? will they know if a person is currently employed or on bench??
 
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It\'s not illegal to be on bench and not getting paid. GC is for future job. If you don\'t have paystub, then the attorney can write an accompanying letter with RFE stating why there is no paystub.

I am on bench with no pay, and the attorney just replied to my RFE to the INS. Mind you I did have the last paystub, however there were other complex thing such as salary as stated on LC did not match on my W-2.
 
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..u must be on EAD.. its not a problem to be not paid on bench. As GC is for future job u may not have worked a single day for this employer. Any RFE from INS should be handled by ur company.
 
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