Questions about H1, H4 and EAD.

[waitfor140]

I am in H1B status. My I140 and I485 are pending with INS. I have EAD in hand but I am still in H1B. My wife’s I485 (based on my I140) is pending with INS and she is working with her EAD (based on her I485), so she is not H4 any more. My questions are:

1. Can she change to H1B status in the US.
2. Someone told me that she could only change to H1 status by applying H1 outside of US (say in Canada). Is this true?
3. If my I140/I485 get denied, can she change her status back to H4 (suppose I will be still in H1) in the US?
4. If she must go to Canada to apply her H1 visa, is there any chance the application get denied or delayed. If her H1B visa application in Canada gets denied, can she reenter the US with the Advance Parole?

Thanks

 

[ginnu]

I am in H1B status. My I140 and I485 are pending with INS. I have EAD in hand but I am still in H1B. My wife’s I485 (based on my I140) is pending with INS and she is working with her EAD (based on her I485), so she is not H4 any more. My questions are:

1. Can she change to H1B status in the US.
----- she cannot change from H4 to H1 B but employer can file NEW FRESH H1b for her once approved she has to go out get H1 Visa stamp and enter on H1 and then she can work on H1
2. Someone told me that she could only change to H1 status by applying H1 outside of US (say in Canada). Is this true?
3. If my I140/I485 get denied, can she change her status back to H4 (suppose I will be still in H1) in the US?
---- she has to go back and need to get H4 visa stamp then enter on H4 if YOU are on H1 and YOU have NOT used EAD
4. If she must go to Canada to apply her H1 visa, is there any chance the application get denied or delayed.
--yes
If her H1B visa application in Canada gets denied, can she reenter the US with the Advance Parole?
----- if I-140 is not denied(if I-140 gets denied then AP, EAD I-485 all get denied) and she has valid AP she can enter US from Canada with valid AP
Thanks