filing for H4 after GC denial

[DeJ]

Hi,

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If my I-140 gets denied, I understand that my EAD is no longer valid and I have to stop working.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.

[kabkaba]

IMO you will need to leave the US and return with H4 Visa.

[DeJ]

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.