The scenario I have is :
- Primary H1B holder has a valid H1B visa and I94. Also I140 is approved in EB2. There are direct reports under him.
- H4 EAD is employed in USA with valid EAD and I94.
- Primary H1B holder travels outside USA as requested by employer for a year.
- Can the H4 EAD continue employment when the primary H1b holder is outside US (with valid H1B)?
- Once H1B holder is back in USA can the petition be upgraded to EB1 from EB2?