RFE on H1 transfer please help


hony2002in

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Hello There,

I have one question regarding my RFE on H1 transfer and EAD. Below is my scenario:

I got my EAD through my wife in Jan 2012 after applying for I-485. I applied for my H1 transfer in aug 2012 through Company A and i have got a

RFE on my H1 transfer. I have worked through my EAD from Sep 2012 to feb 2013 but currently i am not working but i EAD is valid till March 2014.

Now my question:

1. If i don't reply back to RFE for H1 transfer then my H1 will be rejected! Even if my H1 is rejected still I will be on EAD status right and I will not loose EAD right ? Means I will not be out of status right?

2. To maintain status in US; I can be on EAD alone right; I don't need to have H1 with EAD together right?

3. In future if i have to apply for H1B in case there is some problem in 1-485 approval; then will i face any problem in getting H1b approval because i got H1 rejected through company A as i didn't reply to RFE.

I will appreciate your prompt reply and thanks in advance.

Thanks

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Generally, someone who has an I-485 application pending with USCIS remains in a period of authorized stay even if he or she has no approved H1B. Based on an I-485 application one can generally apply for an EAD to provide permission to work; the denial of the I-485 - even while the EAD has not expired - means that the applicant is no longer in a period of authorized stay because the EAD card provides permission to work and not status. One may wish to consult with an experienced immigration lawyer for specific legal advice.

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