EB1-EA denial/withdrwal and future case impact

[Sams32]

Hello All there :

There is a EB1-EA case filed for me and my spouse. It was concurrent filed. AP and EAD done . But I140 has resulted in a strong RFE and the case now lookes difficult to defend . Though we are trying best to meet the RFE expectations , still wanted to clarify few things to take next action.

1. Once GC is filed , does it impact future non-immigrant (H1/L1) filing
from a new employer if the applicant relocates and joins a new employer
back in his/her country ?

2. At the RFE stage is it feasible to convert EB1-EA to EB1-OR ?

3. Spouse' legal status is tied to this GC filing. So if I-140 is denied
she will be out of status . Within how many days she need to leave the
country ?

4. At this stage of the GC when we have a RFE for I-140 , can we
file dependent visa ( H4 ) for spouse to make her stay legal even
post I-140 denial ?

Please help . Anybody faced similar situation please share views and suggestions.

Thanks MUCH for any help .!

[usvisa2010]

1. Once GC is filed , does it impact future non-immigrant (H1/L1) filing
from a new employer if the applicant relocates and joins a new employer
back in his/her country ?

Answer: NO. The systems are not connected and so decisions are not dependent.

2. At the RFE stage is it feasible to convert EB1-EA to EB1-OR ?

Answer: I do not know sorry! Please let me know if you get answer for this.

3. Spouse' legal status is tied to this GC filing. So if I-140 is denied
she will be out of status . Within how many days she need to leave the
country ?

Answer: Depends on her current status. Usually it is 30 days. But check with USCIS / DOS websites using her current visa status.

4. At this stage of the GC when we have a RFE for I-140 , can we
file dependent visa ( H4 ) for spouse to make her stay legal even
post I-140 denial ?

Answer: You can happily file H$ and it does not have any thing to do with your I140 RFE.

GOOD LUCK!