POJ,
First of all, a clarification.. It is not me but a friend of mine who is visiting this forum for first time and has used my id to post this one.. (I am sure there would be couple of people opeining their jaw with this posting , not so lucky to be married now as i got this opportunity once and i feel it is enough. )..
Now back to your reply.. it seems that he may not have any other options other then maintaining his H1 as he is EB3 and visa #s are unavailable.Currently we are exploring the possibilities of converting his wife's status from dependent visa to any other visa (F1 or H1) . The last opton is to continue to maintain the H1 and live a life . Any other ideas ?.