I entered US on AP. but my wife is still in India.she traveled before her AP is approved and She does not have valid stamp also.
Now Can she attend the Consulate for stamping in India based on my valid H1. She has valid h4 also.
Thanks,
Sri
In your case there is a risk involved ... please read this thread that dicusses a similar situation.
JK0274:
If one has an approved H1 extension petition say upto 2010, but no H1 visa stamp and is currently in parolee status. Can you revalidate and get a H1 visa stamp , the next time you get out of country?
Did you file this extension before or after you entered the US as a parolee? If after you entered as a parolee, you are no longer in parolee status but in H status.
If the H status is still valid, and the person is still working wit the H sponsor (whether the person entered back as parolee or with the H stamp, working with EAD or not) the H4 dependents still can get the H stamp from overseas consulate. Even if the principal want to go back to H if he used EAD, he can still go back and get another H stamp to return back to continue on H. The officers at the port of entry care of the expiration date of the H and will not care if the H1 or H4 used AP or H stamp last time.
Theoritically once he get GC, he will not be H1 anymore and dependents will not be H4 anymore. It is not working like that, even in that scenario the dependents can enter back with the H stamp.
If we go back to the the OP who is now parolee and not H1 anymore, still his dependends can get H stamp from consulate overseas if the expiration date of the H1 (which supposed to be toasted now by the parolee status) is still not expired.