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Bench Pay on EAD

Discussion in 'General HR issues' started by Nive, Feb 15, 2014.

  1. Nive

    Nive Junior Member

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    Hello Ron.
    Thank you for taking my questions.

    Here are my case details: 1. Priority date: May 2004, EB3-I using substituted labor.
    2. 140 and 485 filed in 2007
    3. 140 approved in 2007
    4. Currently working on EAD
    5. Completed 6 years of H visa in 2012
    6. I work for a consulting firm
    My questions are:
    1. My project ended last month and I will be joining a new project this month. There is a gap of 22 days. My employer has been paying me on bench. I know that an H1 holder has to be paid for "non-productive" time. Does the same rule apply to EAD holders?
    2. I'm also exploring new opportunities and I know if I quit my current employer will definitely threaten me. In such scenarios, what are my legal rights?

    Thank you
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You do not have to be paid for bench time if you have an EAD. You do have to have a legitimate offer for employment when you get your green card, but otherwise you can take time off without losing eligibility.

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