H4 - EAD - H4 Status

[Write]

Hello,

My wife is currently working using EAD. I am still on H1. My H1 is expiring this year end and I am planning to file for an extension. Do I need to file H4 for my wife? If yes, Does she need to go to visa for stamping if she visit India once we have the extension? Please advice.

Thanks in advance.

[txh1b]

The law isn't clear in regards to this. You can go ahead and extend the H4 if you wish to along with your H1b. But the moment she uses EAD again to work, she becomes a parolee essentially rendering the H4 status useless.

She can choose to go for a visa stamping or use AP to enter. It is worthwhile to get the H4 extended and get it stamped just to avoid the issues of transit visa through Europe.

[Write]

Thanks a lot for the clarification..