Using AP

[waiting2long]

My wife has started using EAD from my I-485 for some part time work. Sounds like that she has lost her H4 statues. Now she is planning going aboard. She has to use her AP, is that right? Then my question is that when the lawyer from my company offer to extend H4 for my wife the next year, can she apply for H4? I am going to keep my 485 pending and H1 valid together.

 

[ginnu]

Hi

My wife has started using EAD from my I-485 for some part time work.
--- She is not using EAD from your I-485 she is given EAD based on her derivative I-485 filling
Sounds like that she has lost her H4 statues.
--- YES
Now she is planning going aboard. She has to use her AP, is that right?
--- if she again wants to be on H4 just exit US then enter on H4 visa she will get H4 status I-94, using AP is not must, If you H1holder had used EAD then she was supposed to use AP. As the primary has not used EAD and still on H1 status she can show her H4 visa sticker and enter on H4 status
Then my question is that when the lawyer from my company offer to extend H4 for my wife the next year, can she apply for H4?
--- if she enters US with H4 visa stamp then she will be on H4 and she can extend H4 with your H1b extension in US.
I am going to keep my 485 pending and H1 valid together.
-Better option
*** if your wife does not have valid H4 visa stamp she can get H4 visa stamp based on your H1 from home country even after using EAD.

 

[waiting2long]

Thank you very much

Thank you for your information.
Since my wife will keep working after she come back, she would use her AP definately. She depends on my application anyway.
If my 485 has got any problem, I still hold my H1B. What I can do is send my wife to Canada and apply for H4 visa for an entry.