H4 Stamping question

[neocor]

My wife's current H4 stamping on the passport is expired for a long time. However she got a new I-94 with the H4 approval letter which is soon going to expire too.
We did not apply for her H4 renewal along with my H1 renewal that would have resulted in a new I-94 valid until next year. My employer had said that she can use my H1 apporval letter at the time of getting a new H4 stamping.

But she never got to go to India and hence her current I-94 will also expire next month. In the meatime however we have received our EAD and AP. Therefore sho wont go out-of-status even if she does not go back to India to get a fresh H4 stamped based on my current H1. But she would be officially under EAD then.

She is planning to go to India just before the I-94 expires. So we have 2 possibilites.

1. Get a fresh H4 stamped using my H1 approval notice (I myself dont have a valid H1 stamped on my passport though).
2. Use the AP to return back, which will officailly mean relinquishing the H status.

Now my question is that is there any problem getting a H4 stamped using my H1 approval notice (even though I dont have the H1 stamped on my passport) even though I am not going to India yet.
Should we have got her H4 approval notice? My employer kept on insisting that we need not get it and that its useless.

What if she returns using the AP, would that mean that even I will relinquish my H1 status?

Does nayone have the right answers. My lawyer gives me ambigious answers and I dont want to take risks.

 

[ginnu]

My wife's current H4 stamping on the passport is expired for a long time. However she got a new I-94 with the H4 approval letter which is soon going to expire too.
---- file her H4 extension BEFORE her I-94 gets expire
We did not apply for her H4 renewal along with my H1 renewal that would have resulted in a new I-94 valid until next year.
---- your mistake, she should have filed H4 extension with form I-539 with your H1 extension
My employer had said that she can use my H1 apporval letter at the time of getting a new H4 stamping.
----- what if she dont want to go out of US before her I-94 gets expired? did you ask this to your employer???
But she never got to go to India and hence her current I-94 will also expire next month. In the meatime however we have received our EAD and AP.
--- OK, it means you both have filed I-485, she is safe
Therefore sho wont go out-of-status even if she does not go back to India to get a fresh H4 stamped based on my current H1.
But she would be officially under EAD then.
----- she will be AOS pending, if she need to go out then she need APPROVED AP in hand Before she goes out of US, as she has got AP, she can go out and enter with AP
She is planning to go to India just before the I-94 expires. So we have 2 possibilites.

1. Get a fresh H4 stamped using my H1 approval notice (I myself dont have a valid H1 stamped on my passport though).
------- that is best, she will enter on H4, it is better to be on H4 and H1 status till your I-140 is approved and I-485 is pending more than 180 days to be safe
2. Use the AP to return back, which will officailly mean relinquishing the H status.
----- IF YOU the primary is on H1 then if she uses AP you are still on H1 if you dont use EAD, use of AP by her does not Invalidate your H1 status
Now my question is that is there any problem getting a H4 stamped using my H1 approval notice (even though I dont have the H1 stamped on my passport) even though I am not going to India yet.
------ let her take all the required documents for H4 visa stamp( your not having H1 stamp is NOT problem)
Should we have got her H4 approval notice? My employer kept on insisting that we need not get it and that its useless.
----- employer is NOT lawyer, he might be saying becase he thaught he may have to pay for H4 extension, you should have told him that you will pay for H4 extension. FYI no need of Employer to file H4 extension your wife can directly file H4 extension or can file through any lawyer

What if she returns using the AP, would that mean that even I will relinquish my H1 status?
----NO
Does nayone have the right answers. My lawyer gives me ambigious answers and I dont want to take risks.
----- it means you have Bad lawyer and bad employer who gives you wrong info, if still confused go to good lawyer you trust

 

[neocor]

Thanks Ginnu for the answers

Ginnu,

Thanks for all the answers. It did clear a lot of things regarding travelling on AP.

Actaully I am paying for all the expenses for the GC as well as H1 and H4. But my employer kept on insisting that its a waste of money to file for H4 extension. He almost went to an extent of saying that its foolishnesss and is absolutely not neccesary.
I did give the scenario wherein she may not go to India before her current I-94 expires, for that he said that by that time we will have our EAD and AP and she will still be in status. Well it turned out the way he said, but i still did not understand why he insisted on not applying the H4 when there was no cost to him.
Anyways its no use applying for H4 extension now, we may not receive it in time anyways. I am thinking of making use of her AP to return back.

There is only one question that still remains though.

Should she leave for India before the current I-94 expires, or it does not matter.
I guess if she leaves after I-94 expires then she just needs to cary the I485 pending receipt and the EAD to show the immigration officials at the airport that she was not out-of-status.
neocor

 

[ginnu]

Ginnu,

Thanks for all the answers. It did clear a lot of things regarding travelling on AP.

Actaully I am paying for all the expenses for the GC as well as H1 and H4. But my employer kept on insisting that its a waste of money to file for H4 extension. He almost went to an extent of saying that its foolishnesss and is absolutely not neccesary.
I did give the scenario wherein she may not go to India before her current I-94 expires, for that he said that by that time we will have our EAD and AP and she will still be in status. Well it turned out the way he said, but i still did not understand why he insisted on not applying the H4 when there was no cost to him.
Anyways its no use applying for H4 extension now, we may not receive it in time anyways. I am thinking of making use of her AP to return back.

There is only one question that still remains though.

Should she leave for India before the current I-94 expires, or it does not matter.
---it does not matter as her I-485 is filed
I guess if she leaves after I-94 expires then she just needs to cary the I485 pending receipt and the EAD to show the immigration officials at the airport that she was not out-of-status.
------- she needs AP and I-485 filing reciept( they dont ask for I-485 reciept or EAD but nothing wrong to have with her)


*** she should try to get H4 stamp from consulate, if any problem with H4 stamp then she should use the AP. it is better to be on H1 or H4 status becase if your I-140 is denied due to any reason then EAD,AP,I-485 all get denied.

neocor