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Librarian

H1B RFE | GC in progress (I-140 not approved)

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Hi,

                Need some guidance for my case. My 2nd H1 extension (after 2.5 years) was filed by my company in Dec 17, using premium processing. I have received the RFE for same. I don't have the copy of RFE yet but it would probably be for 'specialty occupation'. Now my GC is in progress under EB1C. I have received the EAD but not I-140 approval.

In case my extension is denied

1) Would I be in AOS (adjustment of status) as I-485 is pending? Or, out of status?

2) If I am 'in status' would EAD be valid for my spouse as H4 status would be gone?

3) If I am 'out of status' on denial, how much time would I have to leave the country?

Thanks

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