H4 using EAD

[WaitingYaar]

If H4 uses EAD for work with 485 pending, and if the underlying I-140 gets rejected, will this make H4 holder be out of status? what are the options for H4 holder.

[abhaykul]

Originally Posted by WaitingYaar

If H4 uses EAD for work with 485 pending, and if the underlying I-140 gets rejected, will this make H4 holder be out of status? what are the options for H4 holder.

If I 140 is rejected then the EAD,AP and I 485 are rejected as well. If you have used EAD then ur H4 is no longer valid ! You will have to go out of the country and get H4 stamped.
So the recommendation is to keep H status alive till you get Greencard

[immilaw]

Thats correct. Once the I-140 is denied all the status' that comes with it goes away. So EAD, AP etc are no longer valid. Keep on extending H-1B and if the I-140 ever gets denied then you guys can move to H status.