I, a postdoc scholar on H1B, got my i140 approved (EB-1A by self petition premium process) recently by Nebraska Center. I included my wife, H4 visa holder, in i140 application and mentioned that she will do AoS here in USA
Now she is desperate go to India on Jan-20-11. Meanwhile, we have already done both of our immigration medical exams and got the report. My query is
If she goes with H4 visa on Jan-20 without filing her next step and meanwhile If I file my i485, EAD and AP and get approved and use my EAD for a job or green card before her return (meaning herH4 becoming invalid), can I apply AP for her in USA to reenter USA and send it to her home address in India for her return after 3-6 months and can she proceed her application then
or we both should apply now together