Legal Status after 485 Denial

[wonderfulboy]

Hi All,

I have filed my I-140/EAD/I-485 Concurrent Filing on December 4th, 2002. I am married and i applied I-140/EAD/I-485/AP for my wife. My wife is on a student Visa(F-1) Practical Training Period right now. The Practical Training will be expired by June, 2003. Mean while i am expecting EAD will be approved for me and my wife. Since i have more than 2 1/2 years of H1 visa i want to continue on H1 Visa. But my wife after June,2003 want to change her status onto EAD instead of applying H1 status after her Practical Training Expires.

The Question suppose if by any chance I-485 is denied because of some reason in later stages what will happen to my status in US? I pretty much know that if take up EAD my H status will not be there any more and in that case if 485 is denied i have to go to home country and apply for new H1 and come back.

What happens to my status if my wife alone is on EAD Status and i am still working on H1 though i have approved EAD?

Is any one in this situation? Could they help me on this situation?

 

[helge]

As far as I know you can get an EAD card, but if your H1B is still valid and you are only working for the H1B sponsor company then you remain in H1B status. Effectively, you are having the EAD card, but you are not using it. This is what I am doing. I got the EAD card so that I can use the AC21 rule in case of lay-offs. ( I figured this would be much easier for a potential new company compared to transfering the H1B visa - I don't even know if it would be possible to transfer the H1B because it is a non-immigrant visa and as an I-485 applicant you intent to immigrate so there would be a conflict in your intent).

 

[psmith]

Just wanted to point out

that H1 is a dual intent visa and hence a 485 application is not in conflict with any prior H1 visa.