Status ?????

O

OracleOracle

Registered Users (C)
Before JAN 2001 -> My wife was on H4 valid till May 24 2002
Jan 2001 -> My Wife converted her H4 to H1
Oct 2001 -> I filed for I-485/EAD/AP as Principal applicant and included my wife on the Application.
Nov 2001 -> EAD/AP were approved for both of us
Dec 2001 -> My Wife resigned from her Job
Dec 2001 -> I filled I-9 form with my company. ( Started using my EAD with the same company which has sponsored my H1/GC )
Jan 2002 -> We left for INDIA for vacation.
Feb 2002 -> I reentered US on AP ( POE Chicago )
Mar 2002 -> My wife re-entered USA....But at POE her I-94 was stamped with H4 ( which expired May 2002 ) and not AOS.

Now my question is what is her status?
And is she allowed to allowed to setup business in USA. Please let me know....
 
Correct the mistake.

Your wife should have used AP to enter , since the underlying H1 has been superceded by your usage of EAD. Going back and forth is not an option for a derivative.
Best fix is to travel out of US and reenter in AP and get a new I94. Her H4 might be construed as illegal.
 
jaxen Please comment

Jaxen.....

Now how safe will be fo her to re-enter.

I mean won\'t INS find out @ POE that the prevous entry was inorrect????
Does her H4 entry abanden her 485....
 
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