Should I keep H1 status active while on AOS?

[gcdreamer4]

I am on AOS, LC and I140 approved more than 3 years back, and work for the same employer who sponsored my GC, my H1 is expiring in Feb 2010. Should I get it extended for 3 years to be on the safer side? Is it recommended to apply for my wife's H4 as well so that she also will have a backup status to remain in the country if something goes wrong with GC.

She is working on EAD now and if I apply for her H4 will it allow her to continue working on her EAD? or will it force her to H4 status. In other words, can she have an approved H4 document and use her EAD to work and remain in the country in H4 if GC gets denied?

Is it too late to extend/renew H1B and it expires in Feb 2010, plans to do premium processing.

Thanks for your help.

 

[DavidSEA]

Should I get it extended for 3 years to be on the safer side? Is it recommended to apply for my wife's H4 as well so that she also will have a backup status to remain in the country if something goes wrong with GC.

Some folks do extend their H1B just in case the I-485 doesn't come through (which is rare, though). But since the employer has to file for H1B/H4, some employers don't like to fund the (unnecessary?) filing and fees.
If it's any help, during our AOS time, my wife and I did not bother to extend our H1B/H4 visa once we had EADs/APs.

She is working on EAD now and if I apply for her H4 will it allow her to continue working on her EAD? or will it force her to H4 status. In other words, can she have an approved H4 document and use her EAD to work and remain in the country in H4 if GC gets denied?

Since she has started "using" her EAD, her H4 status is no longer maintained. Similar, since you as the H1B have likely also started "using" your EAD (here I have to speculate, you didn't mention this: you filed an updated I-9 with your employer with your EAD or you've accepted other work on the side or as freelance?), you're still maintaining your H1B but your wife's derivative H4 would no longer be in status.
She would have to first re-instate her H4 status by quitting her work and enter US again on her still-valid H4 visa. Afaik, this would have to happen before she can apply for an H4 extension (since she is already out of H4 status), but others should confirm.

Is it too late to extend/renew H1B and it expires in Feb 2010, plans to do premium processing.

It could still be in time for filing the H1B extension; for the H4 extension, with the need for your wife to quit working first, then re-enter, this might get tighter.


Discuss with your wife what your AOS comfort level is, check with your employer if they're even willing to fund filing, fees plus likely premium processing.

 

[gcdreamer4]

Thanks David. In my case I've not used my EAD yet, but I have travelled abroad twice on AP, but I guess if I continue to work for the same employer, I am still maintaining H1.

But in wife's case she was on H4 initially, then changed to F1, then to EAD(OPT), then to AOS(EAD) and we do not plan her to quit her job as working is of higher priority. I guess, its better for us to drop the H4 idea, any way she does have an option to get her employer to sponsor her H1, she can do it even in next year's quota I believe.

In my case, I should pbly get the extension filed asap in premium. My employer will not pay for this, it will come out of my pocket..

 

[TheRealCanadian]

In my case, I should pbly get the extension filed asap in premium. My employer will not pay for this, it will come out of my pocket..

I think it's foolish to pay out of your own pocket to extend the H-1, and doubly foolish to pay the $1000 premium processing fee for an extension.