Pls help on my DH’s case
Eb1-a I-140 & I-485 filed w/ Nebraska 09/06, RFE 07/07, I-140 & 485 denied 1/24/08. His lawyer recommends to re-file with Texas on Eb1-a. His H1b will expire 06/08 and won’t be extended with current employer. I am on H1b and will start file EB2 LC soon.
Questions:
1. if he transfers to H-4 after H1b expires in June, will it affect his Eb1-a since he isn’t doing any extraordinary work any more?
2. if he uses EAD while re-filed I-140 & 485 pending with Texas, and later get denied again, will he able to change back to H-1 or H-4?
Thank you in advance.