H1b Rejected. Pending AOS, Have Ap and EAD Please advice

[surya123R]

Hello

My wife H1B extension is rejected. She is pending AOS applicant as dependent. She is having AP and EAD. Can she work with same employeer ( H1B employeer) even through her H1B extension is rejected. Any out of status or Un authorized employment. Please advice.

any effect on my 485 Application.


Lala

 

[jahanpanah]

Do you know the reason for H1B rejection? Was her last H1
still valid at the time of filing for extension.

 

[Sankrityayan]

If she has a valid EAD, it would seem that she should not have any problems in continuing her employment using the EAD. I am not sure why the H1B extension was applied for in the first place. I suppose this was done just to have a fall back status in case of denial of AOS. Usually folks do the opposite in that they start their employment on EAD once it is available so that they can conserve the H-1 clock, although this may not have much value under the new rules which effectively have done away with the H-B 6 year limit in most cases.

Her employer however, may need to adjust their records such that they reflect the new situation wherein she is working no longer on an approved H-1B but on EAD.