Urgent 140 Help

[needhelp1000]

If my wife is using the EAD and if by any chance the 140 is rejected then how can she come back on H4. I have a valid H1. Do i need to file any form or something like that for this chane of status? Please advice. Thanks for the help

[indianium]

EAD issued to a person based on I-485 petition not I-140 but if I-140 denied then EAD cancelled too.

You may need to file form I-539. Please read the instructions of this form plus related links on USCIS web site.

(Dear member, please do not post same question in multiple forum. Thanks)

*This is not a legal advice. Please consult your immigration attorney for legal advice.

[waitin_toolong]

she will have to leave the country get H4 based on your H1, if the current stamp is valid then she does not need a new stamp just reenetr using H4

[arvindkappula]

additonal question

(1) How does this work in a similar situation where H4 is working on valid EAD and just in case if for some reason 140 got rejected/denied (which I am not expecting) then can she continue to use her previously approved H4? or have to leave US and return on approved H4 stamping?

(2) Can I assume that H4 can continue to be on H4 as long as EAD is not used and once EAD is used, clock starts since then correct? In that situation what will happen to valid/approved H4? Does it go automatically into “in-active/sleep mode” once EAD is used and can this approved/valid H4 be re-used in later days if decided to go-back to H4 instead on using EAD?

(3) I applied for my H1/H4 extension & waiting for (8th year) approval notice with pending 140, and I am sure this applied H1/H4 will be approved for another one year and if we go for stamping in home country based on this approved H1/H4 to travel out of US and return on H4 stamping and continue to use EAD for her work or have to use advance payroll at POE since working in US using EAD and I-94 will be issued at the POE based on that and reflects correct entry at POE based AP and not on H4 correct?

I am NOT hopping something to happen as stated above regarding disposition on 140 since my company attorney did all his homework prior to submitting my 140 application and hope for the best it’s just that I am trying to be pro-active and be prepared myself to act accordingly and avoid any unknown issues/mistakes.

Any input on this request will be a huge help and greatly appreciated.
Thank you
Arvind

[arvindkappula]

Any input please

Folks any input on my below request, thank you!

[waitin_toolong]

(1) How does this work in a similar situation where H4 is working on valid EAD and just in case if for some reason 140 got rejected/denied (which I am not expecting) then can she continue to use her previously approved H4? or have to leave US and return on approved H4 stamping? to gain H4 back you need to reenter using H4 stamp

(2) Can I assume that H4 can continue to be on H4 as long as EAD is not used and once EAD is used, clock starts since then correct? In that situation what will happen to valid/approved H4? Does it go automatically into “in-active/sleep mode” once EAD is used and can this approved/valid H4 be re-used in later days if decided to go-back to H4 instead on using EAD?yes only the use of EAD for work will change to status, and it can be gained back as long as the H1 is valid

(3) I applied for my H1/H4 extension & waiting for (8th year) approval notice with pending 140, and I am sure this applied H1/H4 will be approved for another one year and if we go for stamping in home country based on this approved H1/H4 to travel out of US and return on H4 stamping and continue to use EAD for her work or have to use advance payroll at POE since working in US using EAD and I-94 will be issued at the POE based on that and reflects correct entry at POE based AP and not on H4 correct?yes enetering on H4 and then again starting work on EAD is allowed

I am NOT hopping something to happen as stated above regarding disposition on 140 since my company attorney did all his homework prior to submitting my 140 application and hope for the best it’s just that I am trying to be pro-active and be prepared myself to act accordingly and avoid any unknown issues/mistakes.

Any input on this request will be a huge help and greatly appreciated.
Thank you
Arvind

..

[arvindkappula]

Thank you

Thank you so much for your input and this helps me a lot and cleared lot of doubts that i had...