H4 extension approved after EAD use

[ravinderk]

Hi,

My wife has got her H4 extension approval (which was filed before EAD) after she got her EAD. She used the EAD but is not working now. So my question is what status she is in now? Can she get her H4 revalidated in US and will it be valid?

Here is order in which things happened.

1. H1, H4 extension applied Received Date: July 9 2003, Notice date: July 9 2003
2. I-140, I485 for both applied Received Date: July 14 2003, Notice Date July 15 2003
3. EAD applied Received Date: September 22 2003, Notice Date: September 25 2003
4. Old H1, H4 expired October 15 2003.
5. Interim EAD received at San Francisco December 29 2003.
6. My EAD approved January 14 2004
7. My wife’s EAD approved February 03 2004.
8. She worked after getting Interim EAD from January 5 2004 to February 20 2004.
9. H1 and H4 extension approved February 23 2004 till January 15 2005.
10. Applied for Advance Parole for wife March 9 2004.

I wanted to get my H1 and her H4 revalidated in US. We are planning to travel in September-October 2004 timeframe.

1. What is best way for her to be in status now?
2. Is her H4 valid after using EAD, the H4 approval can after she stopped working?
3. If she starts working again will it affect this new H4?
4. Should she travel on advance parole and me on new H1?
5. Is it worthwhile to get her H4 revalidated at all?

Thanks.

 

[jaxen2]

The problem her is a little complex. Your wife had a H4 extension (or transfer)pending when she used EAD.
I presume that she did not use AP to enter into US so far. If and Only If she did not use AP, her H4 approval is not invalid. This means that she can get the H4 stamp revalidation done in St.Louis.

1.Since her I485 she does not have to worry about status anymore.
2. Yes
3.No
4.She can travl on AP and you can still be on H1- no problem. If that is what you want.
5. Worthwhile?? economically No. backup/contingency wise- yes.