Status Change H1B--> H4/EAD for spouse (I-485 pending)

anujsingla

Registered Users (C)
Background:

Current status for both me and my wife is H1-B.

My company sponsored my green-card (EB-3/RIR/India/PD-March 2003). So, I’m the primary applicant and my wife is derivative. My I-140 was approved in Dec 2004 and I-485 for me and my wife was transferred to Local Chicago office for speed processing (also in Dec 2004). We had interview with immigration officer in June 2005 but did not get approval due to retrogression. We both have EAD/AP but we never used these and our current status is H1-B.

Question:

Now my wife wants to take a break.

1) Do we need to apply H4 for her or can she stay as AOS and travel out of US and come back using Advanced Parole.
2) If we need to do H4 for her, can we do it on our own or do we need lawyer for that.

I'll appreaciate the input/suggestions form the forum-members. Thanks.
 
Top