Legal Question in Immigration Law in Pennsylvania

Here is my situation:

EB2 AOS Status

H1 and H4 stamped till 2013

AP vaild till Dec 2011

EAD valid till Oct 2012

I had H1B (same employer for last 10 years) and my wife was using EAD for work purpose for last 3 years. We visited India last month and got H1 and H4 stamped. Before travel, we applied AP for her also (waste of money ....Thanks to our attorney).

During rentry at port of entry, we used H1b and H4 visa for my wife (did not use AP).

I94 has 3 years stamping per H4.

Now, she resumed work.. EAD is valid till 2012. Is there any immigration issue ..I think her H4 is still valid as EAD and H4 are independent things in my understandings.

Question A) Let me know know if u see any issue in her working status on EAD and H4 stamped while re-entry in US.

Question B) Suppose we visit India or any other country next year, can she still use her H4 for reentry. OR, she must apply AP. I see some posts here which says using EAD will immediately invalidate H4. But, we have H4 stamped till I guess..we shd be fine to use H4 for multiple entry till 2013.

Asked on 4/04/11, 6:27 pm

1 Answer from Attorneys

Bonnie Moses Dessen, Moses & Rossitto

This is a complex scenario. Please feel free to contact us at 215_242_3830, and ask to schedule a consultation with our immigration attorney, Adam M. DeJohn, Esq.

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Answered on 4/05/11, 9:49 am

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