6th year H1 and Spouse status

[love2002]

Does anyone know if on the 6th year of H1 visa(5 months left on the h1 period), I-140 is denied for the primary applicant and the spouse (who was previously on H1) has used EAD to work for 2 months, then what is the status of the Applicant and the Spouse?

1.Can Spouse go back to H1 status again or has to apply again for a new H1?
Do the spouse has to go out of the country to change the status?

2.How does INS know if Spouse use the old H1 again for work?
do they find out that H1 status is terminated coz of use of EAD?

Does they track between EAD and H1 status?

3. My H1 is expiring within 5 months. Can I apply for the extension now?

4.At the 7 th year of H1 if I-140 is denied, can I still stay on H1 until the H1 validity period? if not what are the other options?

Any advice is greatly appreciated and helpful.
Thanks

 

[Jharkhandi]

Does anyone know if on the 6th year of H1 visa(5 months left on the h1 period), I-140 is denied for the primary applicant and the spouse (who was previously on H1) has used EAD to work for 2 months, then what is the status of the Applicant and the Spouse?

1.Can Spouse go back to H1 status again or has to apply again for a new H1?
Do the spouse has to go out of the country to change the status?

2.How does INS know if Spouse use the old H1 again for work?
do they find out that H1 status is terminated coz of use of EAD?

Does they track between EAD and H1 status?

3. My H1 is expiring within 5 months. Can I apply for the extension now?

4.At the 7 th year of H1 if I-140 is denied, can I still stay on H1 until the H1 validity period? if not what are the other options?

Any advice is greatly appreciated and helpful.
Thanks

1.Sure spouse can go back on H1. He/she has to go out of USA, get restamped and then re-enter.

2.H1 status is dormant and not terminated. INS asked for you and your spouse' I-94 number and that provides a link to your visas.

The can track - not sure if they do it really.

3. Sure

4. Yes you can.

What have they done to my favourite site? I hate to see it this way - it is slow and so sickening. Please get me back my old site or allow me to use my old css not this funky one. Anyone who knows where can I put the feedback - please pm me.

 

[love2002]

Thanks for your reply!
I have to clarify on 1st question.


Do you mean to say to process a new H1, go out of the country get stamped and re-enter?
or
can use the existing H1 and start working ?

In either cases, what is the need to go outside the country and come back?
can't we use the H1 approval and start working without going out of country?

Please advice
thanks a lot!