Options after denial...

[DeJ]

Hi,

I filed a few month ago an I-140 as EB1 and I-485 concurrently.
I received a RFE challenging my competences and it will be hard for me to provide the requested evidence, so I'm expecting a denial.
I'm working on an EAD as in the meantime my H1-B expired and my employer did not want to extend it. My wife is on H1-B

If my I-140 gets denied, I understand that my EAD is no longer valid and I have to stop working. Can I then adjust my status to H4 to be able to stay in the US as long as my wife's H1B is valid ?

Thanks for your help.

[zoom123]

If you know that you can't prove the EB1 you should not file. Your record will be stay with USCIS. In future they will know you try to get benefit. You must respond them what they request, don't just quite.
if they deny after your reply its ok.

You have to file H4 immediately if your spouse is on H1B. Then look for any company and file H1 again.