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filing for H4 after GC denial

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  • filing for H4 after GC denial


    I filed a few month ago an I-140 as EB1 and I-485 concurrently.
    I received a RFE challenging my competences and it will be hard for me to provide the requested evidence, so I'm expecting a denial.
    I'm working on an EAD as in the meantime my H1-B expired and my employer did not want to extend it. My wife is on H1-B

    If my I-140 gets denied, I understand that my EAD is no longer valid and I have to stop working. Can I then adjust my status to H4 to be able to stay in the US as long as my wife's H1B is valid ?

    Thanks for your help.

    PS I already posted this message in the I-140 related topic but did not receive any answer.

  • #2
    IMO you will need to leave the US and return with H4 Visa.
    This is my opinion and not legal advice.


    • #3
      Thanks for your reply.

      Isn't the approval notice enough to have a legal status ? I thought the visa stamping was only necessary for (re-)entering the US.