Interesting issue. Need your expert opinion.

[kataria]

Thanks in advance for your help.

My wife had a valid H1B visa and stamp from employer A. She started working for employer B on contract to end client C using H1B portability for a regular H1B visa application filed by B.

Three months after starting with B, while the H1 was pending, she switched to direct employment with employer C using an approved premium processed H1B.

We continued to pursue the employer B pending H1 since those three months that she worked for them should be accounted for. USCIS sent a couple of RFEs and ultimately denied that H1B 9 months after filing and 6 months after joining C. I have not seen the reasons for denial, but I am guessing it is either employer-employee relationship or the fact that we informed them that she has moved on the employer C.

Today, my wife is still with employer C and last month adjusted her status to EAD as a derivative on my I-485.

My question - What was her status for those three months with employer B? Was she out of status? How does it impact the green card process?

[pontevecchio]

EAD is not a status. If her AOS was accepted and she was given an EAD I would say she's fine. If she travelled abroad after her H1 fiasco and came back in any valid STATUS ON THE BASIS OF WHICH SHE FILED aos, SHE IS FINE.

[kataria]

Thank you for your response.

She changed status to H1B with employer C while the employer B H1 was still in process.

Then she left the country and entered using EAD, hence adjusting status from employer B H1 to whatever status the EAD gets her. The employer B H1 was still in process when she did that.

The employer B H1 was denied recently after 9 months of processing and she has not left / entered the country since.

Please let me know if you have any comments / suggestions based on the above information?

[pontevecchio]

I do not see any problems. Why look for non existent problems? She is awaiting AOS and has a valid EAD and that's the end of it.