Moving back from EAD to H4 if husband's I-140 gets denied

[mbz_visa]

Hello Folks

I am currently on H4 and have received my EAD + AP card, after my husband concurrently filed for our I-485 with his I-140. My H4 status and VISA is vald till Sep 2014. I would like to start working on my EAD. If my husband's I-140 gets rejected, I will need to move back to my H4 status. My questions are:

(1) Can I go back to H4 status without leaving the country? i.e. apply for change of status while staying in US?

(2) After change of status to H4, can I use my existing H4 visa (valid till Sep 2014) or do I have to apply for a new H4 visa to re-enter the country if I travel outside the US?

(3) When using the EAD, can I travel and re-enter easily with my combined EAD/AP card?

I would really appreciate your response.

Thanks

mbz_visa

[pontevecchio]

If the AOS is denied he will continue to be in H1 status and you will continue to be in H4 status and will have stop working if this is the case.

[mbz_visa]

Thanks pontevecchio! Is the AOS is denied, do I automatically come back to H4 status and can continue to use my current H4 VISA for travelling, or do I have to apply for a change of status and then get a fresh H4 visa stamped for re-entry (if I travel)?

[mbz_visa]

Hello pontevecchio

Thanks for your response. if the AOS is denied, do I automatically come back to H4 or do I have to apply for a change of status? If latter, can I apply for status change (EAD -> H4) while in the US? Lastly, once I am on H4 status, can I use my existing H4 visa (valid till Sep 2014) or do I have to get a new VISA stamp before re-entering?

[pontevecchio]

Getting back to basics " Why would his AOS get denied. ?

[mbz_visa]

His AOS will get denied if his I-140 (gc application) gets denied.

[pontevecchio]

Why would that happen? I-140 denial? If the OAS etc is denied you two continue to remain in your previous status.