H1B to EAD

Recently i came to know about applying for the EAD status if one expects the GC immigration to happen soon. My parents are going to be US citizens soon and they will upgrade my status soon. I have 2 questions.

1.Presently am on a H1B and have been on bench and i dont have any paystubs. Would this become a issue when i consult an immigration lawyer for the proceedings?
2.When applying for EAD ,can i cancel my H1B if i dont need to work with this employer?

Hope a senior member can address my concerns....

If you've been laid off, you're not on the bench. If you're "benched" without being paid, your employer is not acting legally. The consequence of not having paystubs is that you may have difficulty transferring your H1B and may have problems down the road if you are accused of overstaying.

When you consult your immigration lawyer, your lawyer will tell you what aspects of your situation are likely to become "issues".

We've already been through the "canceling my H1B" stuff; we don't need to do that again.

Thanks for your tips...would that mean..that if i consult a immigration lawyer, the lawyer would have to file a lawsuit against this employer, so that i can come out of the situation?