Pls assist

[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

 

[fast_gc_seeker]

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?

>> as long as ur h1 is valid and u r in status she and u both r safe
no connection with 140 RFE. do not use EAD, instead work on h1
2. What status will she be in if my I -140 is rejected? During appeal process is she out of status?
>> as long as ur h1 is valid and u r in status she and u both r safe
do not use EAD, instead work on h1


3. Can she come back to H4 visa without having to go to India for changing visa category frm EAD to H4?

>> if u change jobs and get new h1 then she will automatically
qualify for new H4.

what do u mean changing her status from EAD to H4?
H4 visa holders cannot work and I assume ur wife is working
using her EAD. EAD allows her to work and her pending 485
status or her valid H4 allows her to maintain legal status.

Pls help

Thanks