I obtained an EAD card(Employment authorization card) based on my pending 485. I derived my pending 485 from my hu*****and. I am currently on H-1B visa status and I am considering to switch employer by using my EAD card. (The new employer does not sponsor H-1B) As far as I know if I use the EAD to work I will lose my non-immigrant status and need to depart the U.S. if my 485 fails. I am wondering if I can apply for H-1 or H-4 visa stamp from U.S. consulate to re-enter the U.S. if I get my 485 denied for some reason. In this case(
my 485 get denied) will my stay at the U.S. during 485 pending be treated as illegal stay? Do you think my employment (before my 485 get denied) using EAD card based on pending 485 will be counted as unauthorized work if I got my 485 denied? I hope I explain everything clear to you. Immigration is always complicated in this country.