unique AP and H4 question, thanks!

[compressible]

Here is my situation:

My H1-B (working in university) and my wife's H4 will expire at the end of this year. I have filed extention application for my H1B. But my wife went back to our home country and will NOT be back until next March. I guess that I cannot include her in my extension application in U.S. and she has to go consulate process to apply H-4 visa, am I right??

Another option is that since she has valid AP document, is it possible that she can enter U.S. using AP, and then apply H4 status in U.S. based on my then approved H1B status.

BTW, I-140 approved, I-485 pending

Thank you in advance!

 

[GreenCardVirus]

I'm afraid not. When inside the country, you can only extend or transfer H. Since your spouse will not be on H4 when she comes in, you cannot apply for H4 then. Best thing is to get a H4 visa and them come in.

As for those on H1 entering on AP, they will still be considered on H1 and can extend H1.