H1 to H4 conversion.

[rose_desi]

I am currently on H4 which is valid till Dec end '2005 with the stamping on passport valid till 2003(I need to restamp) and been on H4 for around 4 years now. However, I received an H1 (around May 2005) with a small company with about 150 employees while in US. The H1 goes effective on Oct 1st. After I received my H1 within 2 weeks my husbands labor got cleared. I received my EAD about a month after receiving the labor(around June). However, I had plans to travel to India to visit family and for the appt to restamp on H1 in end of October and come back on H1 in early November. I did not get an advanced parole done as I did not have time. Now, my dilemna is that since there is higher risk of getting the H1 stamping rejected due to small company and since I already have EAD, I am leaning towards going for H4 interview (on my husbands H1 appointment on the same day) and cancel my H1 visa and appointment(since technically i am still on H4 and I already have EAD to work). Once I go back to US I am planning to use the EAD if I have to work. Please advice on the following

1) Can I join my husband for the H4 appointment on his H1 appointment. He has not put my name under his appt.
2) Is going for H4 and cancelling my H1 the safest and right thing to do?
3) Any other concerns?

Your expert advice is truly appreciated.

 

[ginnu]

I am currently on H4 which is valid till Dec end '2005 with the stamping on passport valid till 2003(I need to restamp) and been on H4 for around 4 years now. However, I received an H1 (around May 2005) with a small company with about 150 employees while in US. The H1 goes effective on Oct 1st. After I received my H1 within 2 weeks my husbands labor got cleared. I received my EAD about a month after receiving the labor(around June).
However, I had plans to travel to India to visit family and for the appt to restamp on H1 in end of October and come back on H1 in early November.
----------- Interview for H1 visa stamp is taking more than 2 months in many US consulates in India, did you book that?
I did not get an advanced parole done as I did not have time.
------------you could have applied AP with your I-485, having AP approved in hand is good back up
Now, my dilemna is that since there is higher risk of getting the H1 stamping rejected due to small company and since I already have EAD,
-----------H1 may not get rejected because of small company. EAD has nothing to do with H1 stamping
I am leaning towards going for H4 interview (on my husbands H1 appointment on the same day) and cancel my H1 visa and appointment(since technically i am still on H4 and I already have EAD to work). Once I go back to US I am planning to use the EAD if I have to work.
-------------you can do that, no need to cancell H1 only employer who filed H1 petition can cancell or revoke the H1 petition. but if your spouse I-140 is still not approved better get H1 stamp and work on H1
Please advice on the following

1) Can I join my husband for the H4 appointment on his H1 appointment. He has not put my name under his appt.
----------I dont know, others will guide you or call the US consulate and ask
2) Is going for H4 and cancelling my H1 the safest and right thing to do?
----------- you cant cancell H1 petition it was filed by employer, you can get H4 visa stamp with your spouse if Consulate allows it on same date of his interview or you can get H4 stamp at later date
3) Any other concerns?
--------- if your spouse and your I-485 is filed and his I-140 is still not approved then better get H1 visa stamp and enter on H1 status and work on H1 status Because if his I-140 is denied due to any reason then EAD AP I-485 all get denied. if his I-140 is approved and I-485 is pending more than 180 days then you can use EAD, having h1 status has more advantages
Your expert advice is truly appreciated.