I-140/485 denied - how to get back on track?
I have filed I-140/485 in the EB-1 category, and while my application was pending for 2 years, both my wife and me worked on our EAD cards. My employer has filed a H1-B petition for me three months ago, but I have chosen not to switch to H-1B status, and continued to work on the EAD. Probably it was a big mistake...
A month ago, I got the denial letter for my GC petition. I spoke to a couple of lawyers, and they seem to have different opinions about my options. Some say that my wife and me can continue working on our EAD cards until they expire, though we will not get new ones. Others say that we are out of status effective the day the petition was denied, and to get a status back, the only way for us is to go to our homecountry and to get a H-1B stamp for me, and H-4 for my wife. My employer has taken me off the payroll already, until I get back with H1-B stamp in my passport.
My question is whether I could go to my homecountry along to get the stamp, while leaving my wife in the US to take care of things, filing appeal, etc, or in any case we should go together only. Also, if anyone had a similar experience, I would greatly appreciate if you could share it.
