GC EAD and H1B denial

[amit8001]

I m currently on H1B. I filed my I-485 in 2012 and got my EAD. Currently I have EAD which is valid till 04/2019. When I filed for I 485 I was single. 

 

If I change job Do I need to do I-140 transfer?

 

If My H1B gets denied, can I use my EAD immediately?

 

If I use my EAD , can my wife stay in US ? Is there a equivalent visa status for dependents ? If not what are the other options for my wife?

[satya2k1]

There is no I-140 transfer.  Your new employer have to start your GC from scratch.  However, you can retain your priority date with new employment.

Probably, you can use EAD based on pending I-485 petition.  There are chances you may get an RFE when dates are current for proof of employment.

I presume your wife is on H4 status, if your H1B is denied she will loose her H4 status,  There is no equivalent GC-EAD visa status for spouse, either she have to leave the country or change status to other non-immigrant such as B1/B2. 

[JoeF]

12 hours ago, satya2k1 said:

There is no I-140 transfer.  Your new employer have to start your GC from scratch.  However, you can retain your priority date with new employment.

Probably, you can use EAD based on pending I-485 petition.  There are chances you may get an RFE when dates are current for proof of employment.

I presume your wife is on H4 status, if your H1B is denied she will loose her H4 status,  There is no equivalent GC-EAD visa status for spouse, either she have to leave the country or change status to other non-immigrant such as B1/B2. 

His I-485 is pending for more than 6 months, so no new I-140 is required. He can use the AC-21 rules.

But yeah, as soon as he uses the EAD, his spouse on H4 would be out of status.

[satya2k1]

Thanks, Joe, for the information.  I forgot that applicant can file AC-21.

[igoogle]

On 7/25/2018 at 11:41 PM, amit8001 said:

I m currently on H1B. I filed my I-485 in 2012 and got my EAD. Currently I have EAD which is valid till 04/2019. When I filed for I 485 I was single. 

 

If I change job Do I need to do I-140 transfer?

 

If My H1B gets denied, can I use my EAD immediately?

 

If I use my EAD , can my wife stay in US ? Is there a equivalent visa status for dependents ? If not what are the other options for my wife?

I think you can change the job after you are in EAD for 6 month

Also in case the H1B is denied, you can fall back to EAD..

Do you have H1B extension going on in Parallel??