Status Change H1B--> H4/EAD (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.
 
stay in h4

disclaimer: I'm nt lawyer so check your circumstances with a lawyer. the laws are often changes.

If any person stays in EAD and later I-485 is denied (due to some reason) then he/she will be considered as out of status and will be deported. so anyone staying in h1 or h4 is better than staying in EAD. hope this helps.
 
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