H4 on 8th year visa stamping HELP

[dchamero]

Ok, here is my dilemma.

I am on a H1B (my third one), I had mi first one on 98 and have been renewing it until now. In 2003 we also started Labor certification for GC so that is already in the process (last month we received the 45 day letter and we replied with all the docs provided). Anyway, they keep renewing my H1 after the 6 year period because we started LC.

My wife and daugter are on H4 (I have another son, but he was born on the US, so he is a US citizen). My current H1 (and the corresponding h4s) will expire on october 2006. We will renew it but on the meantime my current H1 is ok.

ANyway, wife and kids are planning to travel overseas and will need their passport stamped to come back, but my attorney told me that there was a risk involved because we are on an 8th year H1 - H4 and obviously waiting for GC, and that on the embassy they might say that my visa will expire soon and that they will not stamp a "non immigrant" visa since we already started LC.

Is there reasons to be afraid and suspend their trip?

Thank you

[dchamero]

please, anyone has any adivse???? my family is supossed to travel in 2 days and I don't know if I want them to travel or not...

Also my attornet told me that it was a bad political moment to be traveling overseas and that I was risking having my family stuck there... is my attorney overreacting????