Should I apply EAD now?

[getit]

When I filed 140 and 485 (for my wife and me), my lawyer suggested us keep our H1B status in case of I485 denial. So we didn't apply EAD and AP then. Also my wife applied her H1B extension after we filed I485 and got approval last month. Now both of us are working using H1B. For our case can I have a few questions and suggestions?

1, Should we apply EAD now to be used once laid off?
2, Once we get EAD, Can we still use H1B?
3, If we still use H1B and apply EAD once laid off, does it work? Does EAD application require that we are cuurently being employed?
4, ONce EAD is used, and I485 is denied, can we still apply H1B in the future?

I apprecaite your reply and suggestions!

 

[ginnu]

1, Should we apply EAD now to be used once laid off?
----- YES, you can apply for EAD
2, once we get EAD, Can we still use H1B?
---- Once H1B holder uses EAD you will not be on H1B status
3, If we still use H1B and apply EAD once laid off, does it work? Does EAD application require that we are currently being employed?
----- you can maintain H1B till your I-140 is approved if I-140 is approved then the problem is very less for I-485 denial, Having EAD is always better if lay off then you can use EAD to join new employer or can join by H1 transfer
4, ONce EAD is used, and I485 is denied, can we still apply H1B in the future?
----- Once EAD used and I-485 is denied and you are not on H1b then you can not get the H1 extension and you have to leave US, if you maintain H1B status and I-485 is denied you can still stay and work on H1 because you have that status.