Immigration Site

Came on F1 status in the US. Changed F1 status to H1B (not travelled outside of US since then). My latest entry into the US was under F1 status (I-94 is with F1-D/S). Married to USC. About to file I-130,I-485,I-765,I-131 to adjust to permanent resident status. The question is what happens if AOS (I-485) is denied? Still able to stay and work under the H1B status until it expires or will be out of status immediately after the denial? Does it make a difference for what reason the case is denied? Does it make a difference if the advanced parole (I-131) was used to leave and re-enter the US during the waiting period, i.e. does that mean that after entering on advanced parole the H1B status is jeopardized? I dont want to risk an H1B visa interview outside of the US regardless of the fact that H1B is a dual intention visa.

Your H1 will be automatically voided if you use EAD. Otherwise you can keep working under H1 even if AOS is pending as long as your visa permits. The only condition is not to use the EAD (it will iliminate automaticali H1). Many guys will probably say that once you file for AOS you immediately lose your present status. I would disagree with that. Because I personally worked under my visa until it expired (while AOS was already pending)- consultation with several sources - one and the same answer.
I am not sure though if after GCdenial, H1 is denied as well. However you are an immigarnt under family-based case and it shouldnt affect H1 which is issued for employment purposes.
Might be wrong though, guys, any suggestions?!

H1B and GC are two separate processes. Your H1 will stay regardless of the outcome of I-485. Even if your 485 was employment based and denied, the H1B will still be valid. The H1 does not expire until the date on I94 or if your employment is terminated. You can voluntarily surrender it once you get your EAD but who does it?

I have a co worker and she has her EAD, travels in and out of country on Advance Parole and works as H1B worker as far as HR is concerned.

that is interesting. So far, i was under the assumption that either if you use EAD for employment or use AP to enter US, your H1B status will be gone. (irrespective of what your HR considers for tax processing)