and you have no other legal status to fall back on if your OPT expires while waiting. So if your hu*****and's 140 is denied, you have no legal status.
In the even that his 140 is denied, he can still appeal the decision. And if he keeps his H1b during the whole GC process, then you can switch to H4. So it may be helpful for you to apply for H4 before your OPT expires to give yourself another option. However, if you use the 485 based EAD to work, then you will loose your H4 status and again, should his 140 be denied, you are out of status immediately.
In the even that his 140 is denied, he can still appeal the decision. And if he keeps his H1b during the whole GC process, then you can switch to H4. So it may be helpful for you to apply for H4 before your OPT expires to give yourself another option. However, if you use the 485 based EAD to work, then you will loose your H4 status and again, should his 140 be denied, you are out of status immediately.
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