Status Change H1B-->H4/EAD (i-485 pending)

[anujsingla]

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.

 

[TheRealCanadian]

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.

She just needs to use AP, her pending I-485 will keep her in status.

 

[Aakash28]

She just needs to use AP, her pending I-485 will keep her in status.

But if his wife uses AP - is'nt that going to invalidate primary's applicant H1B Status???

 

[biker]

Easy case.

Depends on what your goal is.

(1) If you just want to keep your wife in status while she takes her break - you need to do NOTHING. Her pending 485 status will give her the status...and if she wants to work again, she can use EAD. If she wants to go out of the country, she can use AP.

(2) If, however, you want to keep yourself and your wife in backup H1 and H4 status in the event something goes awry with your/her 485, then file for H4 for your wife. Filing H4 is pretty easy. You/your wife can do it yourself. No need for an attorney.