I485 pending, using EAD still need H4 extension?

[chesapeake]

we are waiting on our I-485's due to retrogression on EB3(PD-AUG2004). i am on my 6th year of H1B. i am still employed with my GC sponsoring employer based on H1B. My employer has filed for H1B extension for my self for another 3 years based on my approved I-140. But he says he can not file for H4 for my spouse because spouse started working using the EAD.

Both of our current I-94 cards are expiring on 25th of April 2006. When my employer was able to file for my H1B for 3 more years why can not he file for H4 for my spouse? Because spouse started working using the EAD spouse can not apply for H4 any more is that true?

if that is true in that what will be spouse's legal status after spouse's I-94 expires on the 25th of APR 2006. is there any one who is using the EAD for work and also got 3 year h4 extension after 6th year based on spouses H1B after 6 years?

 

[TheRealCanadian]

When my employer was able to file for my H1B for 3 more years why can not he file for H4 for my spouse? Because spouse started working using the EAD spouse can not apply for H4 any more is that true?

She no longer has H-4 status to extend, since she lost that status the moment she started using her EAD. If she wants her H-4 status back because she stopped working, she can leave the US, get a new visa stamp in her home country and return. It seems somewhat pointless.

if that is true in that what will be spouse's legal status after spouse's I-94 expires on the 25th of APR 2006.

She'll be an adjustee, same as she is now, eligible to stay until the I-485 is ajudicated.

is there any one who is using the EAD for work and also got 3 year h4 extension after 6th year based on spouses H1B after 6 years?

How can a person who has lost their H4 status extend it?