Travel on H-4 while Consular processing/AOS pending

[xbzus]

Hi,

I'm on H-1b working and my AOS is pending and expecting approval in March 2011. My wife already has H-4 visa and we will file her Consular processing since she is in our home country.

The question is; while her CP and my AOS (I-485) is pending or while her CP is pending and my AOS got approved (therefore my H-1b will not be valid anymore and her H-4 too), will she be able to use her H-4 stamp on passport to come to USA in April (she cannot come before April due to studies)? Suppose if she is able to come will she have any problem later with her CP or AOS (if we decide to do AOS instead of CP)?

Or else what is the best way for her to come to USA after April, for the same situation above?
Thanks

 

[Triple Citizen]

I see no issue in this scenario. H-4 is dual intent.

while her CP and my AOS (I-485) is pending

This would be tricky. Her H-4 visa would no longer be valid since her spouse is no longer an H-1B status holder. I would advise her not to use her H-4 visa after your AOS is approved. I am assuming she is falling under the "following to join" as the spouse on an LPR. Her best bet would be to apply for a B-2 visa and see if the consulate grants her one. It is a long shot but perhaps the consul, knowing of her intentions to apply for her immigrant visa at the same consulate, might grant her a B-2 visa.

while her CP is pending and my AOS got approved