Do I need to renew EAD

[desh2005]

I and my wife both are working on H1, I got my labor approved in Feb 2004. She got her first H1 from Dec 03 to Dec 04 and got it stamped in New Delhi. She got her H1 transfer (April 2004) and is working on H1 valid till 2007 (Need to get it stamped).
We got our EAD and AP in May 04.
On 16th March 23, 2005, I got my 140 and 485 got approved. My wife’s 485 is pending.
Her EAD is going to Expire in May 05.
My lawyer told me that she is needs to renew her EAD, because last thing she got is EAD

Do I need to renew her EAD even though she is not using it and is working on H1?

 

[max2k1]

I and my wife both are working on H1, I got my labor approved in Feb 2004. She got her first H1 from Dec 03 to Dec 04 and got it stamped in New Delhi. She got her H1 transfer (April 2004) and is working on H1 valid till 2007 (Need to get it stamped).
We got our EAD and AP in May 04.
On 16th March 23, 2005, I got my 140 and 485 got approved. My wife’s 485 is pending.
Her EAD is going to Expire in May 05.
My lawyer told me that she is needs to renew her EAD, because last thing she got is EAD

Do I need to renew her EAD even though she is not using it and is working on H1?

Your lawyer is confused

She remains in H1 status unless she filed a new I-9 with her employer showing the EAD as her supporting document.
Since she never did that, the mere act of obtaining an EAD DOES not mean she voided her H1 status. She is still in H1 - no doubts about that.

So you don't necessarily need a new EAD for her -- just make sure you track her H1 petition validity and extend that when needed. (plus there is a very very good chance that her 485 would be approved before the current H1 expires in 2007)

BTW, your lawyer wants you to renew the EAD presumably because he gets money for doing the paperwork