h1b, EAD, a complex situation

[macrosky]

NIW, 140 approved, 485 pending most probably for years.
I work for a company using H1b, but recently got layoff.
If I find a job in the near future and just use EAD to work for them.
And if unfortunately, 485 application is denied. May I simply reapply H1b? Since I had H1b, I should be able to apply H1b anytime without quote restrictions, am I right?

[txh1b]

Provided you have not used up all the 6 years of the H1b. Also, you will fall out of status (in other words, period of authorized stay by attorney general expires) as soon as the 485 gets denied and you have to leave US and enter on H1b. Status change inside US back to H1b will not be possible.

[VisitF1]

So if unfortunately, 485 is denied, you leave USA and wants to come back on H1-B, will you be on new H1 quota or H1-B Extension (assuming 6yr of H1B not utilized)

[macrosky]

h1b premium processing takes 14 days. From the day I find 485 status online to the day I receive could take up to 2 weeks too. Is it possible to get H1b approved within this short period within U.S.?

[txh1b]

NO, AUthorized stay ends as soon as it gets denied. No status change will be allowed at that time.

[macrosky]

Thanks!
But since I had H1b, I should be able to apply H1b anytime without quote restrictions, right?

[txh1b]

Not if you have completed 6 years. You can go out and apply for the H1b visa if your I797 is valid and return on H1b.

[macrosky]

I have only used 1 year of my H1b, but got layoff recently. I think my H1b will become invalid once I got layoff? Is my I797 still valid?
I can temporarily keep my legal status with my NIW 485 pending status, and consider to use 485 EAD to work for a company once I get job offer from it.
In case my 485 get denied in future. do you mean that I can still go out and apply for the H1b (I still have 5 years left) without quote restrictions?

[txh1b]

do you mean that I can still go out and apply for the H1b (I still have 5 years left) without quote restrictions?

Yes, with a sponsor and approved I797.

[macrosky]

thank you very much!