H1B visa stamp - AP - conflict

[printent]

Gurus,

I gather from this forum that it is better to keep H1B alive as far as possible until I-485 is adjudicated favorably.

I am in H1B with my wife on H4. I was told that I need to take EAD as primary applicant for her to get the EAD benefit. Is that right? Can I still use H1B to work while my wife using EAD same time.

Can I go to US consulate and get H1B renewed and use it to re-enter US while my wife using AP to re-enter.

If I use AP to re-enter, will my H1B go away and I shall use EAD to continue to work?

Thanks for your feedback

 

[TheRealCanadian]

I was told that I need to take EAD as primary applicant for her to get the EAD benefit. Is that right? Can I still use H1B to work while my wife using EAD same time.

That is incorrect. Your wife can work using her EAD with no effect on your H-1B status. Keep in mind that the reverse is not true; your use of the EAD will nullify her H-4 status and she will require AP to re-enter the US.

If I use AP to re-enter, will my H1B go away and I shall use EAD to continue to work?

The Cronin memorandum appears to indicate that use of AP to enter does not invalidate your H-1B, provided you maintain all other aspects of your H-1B status.