Urgent : AP or H1 B or Both?

[nobodyno]

Here I am again with a list of questions.Please respond ASAP as it is very urgent
Scenerio:
Me and my wife has a AP that is valid till Oct 22-2004 and H1 stamping till Nov -04-2004.I have a new H1 approval(not stamped - my current employer) which is vlaid till May-2006.I have an approved 140(approved last week)
My wife is going to india this weekend and is planning to return in 4-5 month(open ticket).
Quesitons:
Does She has to return back on H1 - valid till nov'2004 or AP- valid till oct-2004?
Can I apply for AP renewal before she leaves and hopefully is that gets approved then may be she can stay for longer(after oct 22)?is that OK>
Can she/me maintain H1 status by returning back on H1 eventhough I have approved 140 and AP?
Do I have to get a new stamping as my old stamping is expiring on nov 2004?
If we can return back on H1 then would it be advisable to stay back after Oct 22 ?Or would it be advisable to return back before oct 22 as in that case I will have both AP and H1 stamping valid>?
Evenif we return on AP ,would I still be able to maintain H1 status(if i dont use EAD )?
I tried to ask the same to my company's legal assistant but she wont suggest anything?
I read the instructions on Form I-131 and it says that
"
NOTE: If you are in the United States and wish to travel
abroad, you do not need to apply for advance parole if both
conditions described below in numbers 1 and 2 are met:
You are in one of the following nonimmigrant categories:
1.
An H-1, temporary worker, or H-4, spouse or child of
an H-1; or
An L-1, intracompany transferee, or L-2, spouse or
child of an L-1; or
A K-3, spouse, or K-4, child, of a U.S. citizen; or

A V-2, spouse, or V-3, child, of a lawful permanent
resident; and
2.

A Form I-485, Application to Register Permanent
Residence or Adjust Status, was filed on your behalf and
is pending with the CIS.

However, upon returning to the United States, you must
present your valid H, L, K or V nonimmigrant visa and
continue to remain eligible for that status."

Expert (or not expert) Advice is highly appreciated.

Thanx
Nobody

 

[pralay]

If her H4 visa stamp is valid till Nov,04, she can use that for re-entry. She needs to come back before her visa stamp expires. But as her H4 visa is expiring too soon, the POE officer might not let her in just seeing H4 stamp. For this reason she needs to carry her I-485 receipt with her. If officer asks about her H4 expiry, she needs tell officer that she is an I-485 applicant.

On other other hand, if she wants to stay beyond November, she needs to apply for her new H4 visa stamp at consulate. But as you (the H1 holder) does not have new visa stamp, she won't be eligible for new H4 visa stamp. If you are living in USA, you can try to get a new H1 visa stamp from State Department at Washington DC. Then you can send a photocopy of your new H1 visa stamp to your wife, so that she can apply for her H4. But that takes 2-4 months.

If you are going with her (or later), both of you can go to consulate and apply for H1 + H4 together.

AP renewal is not going to work for her. As her new AP is not approved before leaving USA, she cannot use that AP for re-entry. Sending AP by mail/courier after approval and then use that for re-entry is not legal.

Secondly, using AP does not change your H1/H4 visa status. It's merely a document for entering USA. If your wife comes back to USA before her current AP expires on Oct, 04, she can either use her AP or her H4 for re-entry. It does not make any difference.