Employer wants EAD copy for not paying H1 wages on bench

Should I give EAD copy to current employer?

  • Yes

    Votes: 0 0.0%
  • No

    Votes: 0 0.0%

  • Total voters
    0

zinfa

New Member
Hi,
Current Status: H1b (expires in Jun'13); 6Yrs in USA
I-485 filed in 2012 and have EAD valid till 2015 (I have not worked on/used EAD)

I am between the projects (bench) since one month on H1b (valid till Jun'13). My current company paid me using my accumulated PTOs in last two payrolls and now they do not have enough reserve to pay me. They are asking me to provide EAD card copy (valid till 2015) so that they do not need to pay me until I get a new project.They told me they will keep EAD copy for audit purpose only and will not withdraw my H1b nor will ask to fill new I-9 form for EAD. So, they will not do my status change from H1b to EAD. Once I come on EAD they will ask me to take Unpaid leave until they will find new project for me. Upon getting a new project they will switch me to H1b again. They will also use EAD to pay me for last 2 weeks salary at minimum state wage (non-H1b wage).

Now, I am also helping them to find a new project (Corp2Corp) and simultaneously searching out for H1b transfer (direct placement). Luckily, I found a company who is ready to transfer H1b and my pending Green Card. The new company has filed my H1 transfer documents (no receipt notice yet) along with I-140 copy in premium process and hopefully I will get 3 yrs extension.

Should I give EAD copy to my current employer? If I send copy to them then will it change my legal status to EAD? How may this affect my H1b transfer to the new company?

Thanks for your suggestions.
 
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