if NIW denied, spouse's status?

[stateNIW]

I have another year on my H1-B. However, my husband's H1-B expired a year ago and he has been working using the EAD he got through my NIW 485. In case my I-140 gets denied, can he switch to H4 or does he need to leave the country immediately? I read some where that once his six years are up he cannot switch to H4.

Please advice because this is going to determine whether I appeal or not.

 

[graduation2003]

I have another year on my H1-B. However, my husband's H1-B expired a year ago and he has been working using the EAD he got through my NIW 485. In case my I-140 gets denied, can he switch to H4 or does he need to leave the country immediately? I read some where that once his six years are up he cannot switch to H4.

Please advice because this is going to determine whether I appeal or not.

If he has approved H-4 with the same expiration date like your current H-1, he should be OK even though your I-140 got denial, he doesn't need to leave country. He can continue to work but no more than 180 days. You can appeal to keep his I-485 in "pending status", however, he can not stay only using a pending I-485, he has to have an valid visa, in his case, is his H-4. Appeal might take more than a year, if he can not extend H-4 after a year when your H-1 expires, I don't know what his option is, he might have to leave the country immediately or he may can stay but no longer than 180 days.