Interesting Question and Urgent

[irving_tech]

Gurus Can u pls assist -

I am on H1 B and I have applied through EB1-1. My wife is currently on H4 visa and she wants to use EAD for employment. My question is :

1. What will happen to my wife's visa status if I get a RFE on my I-140 application?
2. What status will she be in if my I -140 is rejected? During appeal process is she out of status?
3. Can she come back to H4 visa without having to go to India for changing visa category frm EAD to H4?

Pls help

Thanks

 

[ginnu]

Gurus Can u pls assist -

I am on H1 B and I have applied through EB1-1.

---try to maintain H1 till the time your I-140 is not approved dont use EAD
My wife is currently on H4 visa and she wants to use EAD for employment. My question is :

1. What will happen to my wife's visa status if I get a RFE on my I-140 application?
----- 80% of EB1-1 cases get RFE for more evidence for extraordinary ablity, getting RFE is not a problem, you can reply RFe with more evidence, but if your wife uses EAD and your I-140 gets denied then EAD AP, I-485 all get denied and she will be not on H4 status if uses EAD, best option is She should not use EAD and should maintain H4 status till your I-140 gets cleared
2. What status will she be in if my I -140 is rejected?
------No status becase if I-140 gets rejected then EAD, AP I-485 all get rejected and she will invalidate her H4 status the day she uses EAD
During appeal process is she out of status?
--- I think yes,talk to your lawyer
3. Can she come back to H4 visa without having to go to India for changing visa category frm EAD to H4?
----- She can go out immidiatly and can get H4 visa stamp if you have valid H1 at that time, if she has H4 Visa stamped then she can exit US and can again enter on H4
Pls help

Thanks