Registered nurse (RN) from ROW on H4 got EAD - What if i140 is denied?

Hi Anil,

I am from a registered nurse (RN) from ROW. I am in H4 status. My employer filed I-140, I-485 and EAD in Dec 2019. I already received EAD but my I-140 is still pending at Texas Service Center (regular processing).

I am planning to work in a hospital because they are really having shortage of nurses to tread Covid -19 patients.

But if my I-140 is rejected in future, should leave USA to avoid unlawful presence?

I read that I will loose H4 status after I use my EAD, so can I revert back to H4 status without leaving USA? My husband will be maintaining his H-1B until we get green card.

Thanks. I appreciate your suggestion.

Are you talking about H4 EAD or i485 EAD?

Assuming you are talking about i485 EAD, yes, you will lose H4 visa status if you move to i485 EAD.

As per my information, you will need to leave US if your i140/i485 is denied. You won’t be able to file H4 within US since you will lose your status immediately on denial.

Thank you Anil for the information. It is I-485 EAD. I will wait at least until I-140 is approved before using EAD.