EAD questions of 140/485 concurrently

[lyll0004]

I filed my I140 and I485 concurrently this April and waiting for EAD. My question is if my wife(currently in H4 status) use EAD to work, that means she lost her H4,right? What if my 140 is denied? Can she back to H4 again if I keep my H1 valid?
Thanks a lot!

 

[jbm]

Technically yes,

I might be wrong, but the pattern i saw for most of the case (including mine) for the concurrent filer, mostly EAD get approved after I-140 approval. so mostly that doesn't happen.

If it does happen (denied I-140 after using EAD), usually before denied I-140/ I-485 they send couple (or atleast 2 as I think) of REF, and if you don't reply satisfactory then they can denied I-140, so I think it will invalidate I-485 application and I think you might have apply for h4(I-539) again or reenter to usa to get new I-94 form (mostly). There are lots of gray area, and I am not legal expert, but this is my guess. please consult your lawyer.

Good luck,

JB

 

[lyll0004]

thank you. I got it.