Me and my wife (primary in GC) have approval notices of H4(me) and H1(my wife) valid till July 2012. Passport Stamps of H4 and h1 are expired for us.We are planning to travel outside usa in dec 2010. We both have EAD and AP.We currently have I 485 BC RFE for my wife which we sent reply to USCIS.
1)If for some reason we do not go for stamping outside usa and return back to usa on our AP and our I 485 is rejected then do we need to leave usa or can we stay as we have approval notices of h1 and h4 till july 2012?
My lawyer wants both of us to try for stamping of h1 and h4 together outside usa when we travel to maintain h1 and h4 status so that if I 485 is rejected, then we still have status of h1 and h4.Kindly provide answer to my question and kindly give your valuable advice.