I-140, 485, EAD and H1 extension, Please Help

[daudaa]

Background:
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I-140/I-485/EAD Received Date: Oct. 11, 2006 (Filled Concurrently in EB2)
I-140: LUD on Oct. 12, 2006
I-485: LUD on Oct. 13, 2006
EAD approved: Dec.16, 2006
Processing Center: Nebraska
Country: one of NON RETROGESSED COUNTRY

Questions:
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1. My 6th year H1-B is over on March 28, 07. Should I and spouse both extend the H1 and H4? If yes, why? If no, why?

2. My spouse started working after getting EAD. Is that mean, she is NOT on H4 anymore? Now if we decide to extend her H4, can she keep working after that since her EAD will be valid till Dec. 07 but at the same time, I know, H4 can't work.

3. I know EAD is renewable in 1 year increment. Now, is there any limit on the extension like 2 years or so? I am hoping to get the Permanent Residency by then.

4. I have a valid AP but don't have the visa; can I reenter without any problem?

I am trying to get a clear picture on those issues; I spent hours on finding the answers of those with no success. Please help if you can.

Thanks, Sunil.

 

[mmed]

Background:
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Questions:
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1. My 6th year H1-B is over on March 28, 07. Should I and spouse both extend the H1 and H4? If yes, why? If no, why?
The time is very tight but you can extend it since you are in AOS. For you it is advisable, to avoid the sudden tragedy of I-485 denial by which you will be out of status immediately. But if you are in H1 you will have few months or so ahead during which you can apply for another GC or do another action while you are in legal status. For your spouse see next answer
2. My spouse started working after getting EAD. Is that mean, she is NOT on H4 anymore? Now if we decide to extend her H4, can she keep working after that since her EAD will be valid till Dec. 07 but at the same time, I know, H4 can't work.

Already she is not H4 b/c she used the EAD, if you extend her H4 (she should get the stamp from outside because she already lost her H4 status and she will have new I-94 (H4 status) when she return back). If she want to work she should use the EAD and the H4 will be invalidated again. So it is advisable NOT to extend her H4 because she is already in working status.

3. I know EAD is renewable in 1 year increment. Now, is there any limit on the extension like 2 years or so? I am hoping to get the Permanent Residency by then.

No limit
4. I have a valid AP but don't have the visa; can I reenter without any problem?

Yes you can, and this is the purpose or the AP

I am trying to get a clear picture on those issues; I spent hours on finding the answers of those with no success. Please help if you can.

Thanks, Sunil.

Good luck