convert to H1 after using EAD from family based 485

[bsrr]

Hi,

My cusin marriage to US citizen is in trouble. His 485 (family based) hasn't been approved yet and got the interview letter recently. I don't think they can make it.

He is planning to apply for H1 (He has Masters in computer science and 1 year US work experience) and want to abandon his family based 485 process.
Does he have to leave US after applying H1 and come back after his H1's approval (with H1 status) or can he continue to work with out leaving US? Can he convert to H1 status from EAD with out leaving US?

I appreciate your help.

Thanks,
BSRR

 

[armie]

Does he have to leave US after applying H1 and come back after his H1's approval (with H1 status)

YES. However he can continue working on EAD till his GC application is NOT rejected officially.