H4 visa and EAD

[desi2007]

please help on this issue:
I have applied for my h1b extension and plan to stay with H1b.
My kid's h4 visas are attached to wife's H1b. they also have visa stamped in the passport expiring until 2010. My wife is planning to use her EAD(me primary applicant). we all have 485 filed. 1. Once she move out of H1b to EAD, kids H4 visas (stamped in the passport) are invalid?.
2.if this is so what is best to do- get them a new H4 visa approval based on my H1b. in this case do we need to get the new H4 stamp (old one expires in 2010) or just say at the port of entry to change the sponsor from wife to me?
3.Or Get EAD/AP's for Kids based on the 485?

 

[txh1b]

As long as the primary applicant of 485 remains in H status, the dependents can remain in H status. Your spouse H1 and your kids H4 are not linked. You being on H1 status can still give your kids H4 status.

There is no need to get EAD/AP for kids if you are on H1 and they are on H4 with valid I-94 expiration dates. Do your kids have a pending 485 as well? AP is needed for travel only and just a mere pending 485 for your kids will give them authorized stay as parolees.

If your kids I-94 for H4 is expiring within 180 days, you can file for extension for them along with your H1b extension.

 

[mmed]

If the kids have pending I-485 just do nothing, their pending I-485 is more than enough for their legal stay unless they want to travel and come back then apply for AP.
The mere application for EAD and/or AP will not give status for the applicant, it is the pending I485 which make the applicant in legal stay throughout its pending period.