Status of H4 if I140 gets rejected ( Physiotherapist)

[kasala]

Hi,
I am on H1-B Visa and my wife is on H4. She filed for GC under Schedule A(I140&I485 filed concurrently) category. Her I140 is not approved yet. We both got our EAD cards but have not worked using our EADs. I do NOT intend to use my EAD to work. Our question is:
* If her I-140 gets denied will she still have her H4 status as I am still maintaining my H1?
* If not, how can she get back to H4 status? Will she be asked to leave the country immediately?

Thanks in advance.

 

[great guru]

z

Hi,
I am on H1-B Visa and my wife is on H4. She filed for GC under Schedule A(I140&I485 filed concurrently) category. Her I140 is not approved yet. We both got our EAD cards but have not worked using our EADs. I do NOT intend to use my EAD to work. Our question is:
* If her I-140 gets denied will she still have her H4 status as I am still maintaining my H1?

I 140 is not giving you any status, I 140 just an underlaying petition to give you immigration eligibilty.

So if I 140 is rejected, you no need to do anything, your wife's H4 continues as long as you maintain your H1.

* If not, how can she get back to H4 status? Will she be asked to leave the country immediately?

Thanks in advance.