Is He Out of status?? - Please help.

[Senthil Dhanakoti]

My friend\'s ND 02/00, EB3 India. Now he got laid off from his client. His company says, He will not get pay check next month since he is in bench for more than a month (some stupid company policy). He is expecting his EAD in another 2 months time.

My question is ,
1. If he dont get his paycheck for 1 or 2 months, Will he be out of status? Will there be any problem to get his GC?

Thanks

 

[HVN]

No Title

That\'s BS - if he\'s a full-time employee of his company, they owe him a salary - unless, of course, his contract indicates otherwise. However, if he\'s currently on H1, then they HAVE to pay him - otherwise, they\'re violating their contract. If they\'re singling him out coz. of his GC, then he has a discrimination lawsuite against them. However, there\'s little he can do other than grin and bear it. So, let him continue with this process, get the EAD, and then jump ship - since his ND is more than 6 months old, he might as well get out of there and take his I-140 along with him. And then SUE the BASTARDS for discimination. Worst case, they\'ll give him some money to go away. He\'s got nothing to lose. However, people like your friend need to get tougher with such discimination issues. Not only is the law on his side, and he\'s got a strong case, but the new laws will allow him to change jobs with 6 months on his I-485. And while we\'re seeing a LOT of advice on these boards indicating that people should not change jobs using the 6 month clause, the fact is that the INS IS adjusting status even after the person has changed jobs.