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Question

Current status: Having EAD/AP thru pending I-485 filed by Employer-A in EB2. Now working in H1B for Employer-B (a big financial firm) maintaining both EAD/AP and H1B. My wife is having H4 and EAD/AP based on her pending I-485. Now:We are planning to visit India for vacation. My wife is planning to leave in next two weeks and I am planning to leave Aug 1st week. I got a promotion 2 weeks back and my Attorney wants to file H1B amendment & extension immediately. Since my wife is leaving in next 2weeks, their suggestion is to file H1B extension/amendment thru premium for myself only and do nothing for my wife now! After my H1B is approved, I will travel with the new petition to India. At the POE, we will show AP/EAD and our H1B/H4 petitions to enter USA. They will apply my wife I-539 after she returns to USA. Is this appropriate? I will be having a different start/end date in my I-129 and she will be having a different start/end date in her I-129. Her H4 petition will not be amended when she is entering at the POE. Since her H4 is based on my H1B, will it cause any problem for us? We want to maintain H1B/H4 statuses along with EAD/AP statuses. We are planning to return together at POE.

User's Location: PLAINVILLE, Alabama, United States of America

Category: Employment-based Green Card