Help regarding H1 extension

[Mjpusa2001]

My wife's and my I-485 are pending. My wife is currently working in H1B status. Her visa is expiring on September 30, 2009. Her employer is applying for her H1B extension. Apparently there are some issues with the new iCert process for LCA and it seems that it is going to take some time. If her H1 extension is not filed before Sep 30th, will she be out of status?
We have also applied for her EAD on 07/25/2009. We have not received the approval yet.

We both are in H1B status right now. My wife is a derivative beneficiary from my 485. If my wife uses EAD to work does it mean that I also should use EAD? My H1 visa is valid until Jun 2011.

[txh1b]

http://immihelp.comhttps://www.immih...ent-of-status/

[Mjpusa2001]

Thank you for the link.
It answered my second question regarding EAD.

From that article, I understand that if we applied for her H1 extension before 30th then she can continue working and will not be out of status. I am concerned about her status if we are not able to file the extension before 30th. Does being in I-485 pending status mean that she will not be out of status but just not able to continue work after 30th. We are OK even if she does not work. We just want to make sure that she will not be out of status to stay in the US.
Thank you once again.

[txh1b]

She will be a parolee with a pending I485. She will NOT be out of status. It is authorized period of stay by the attorney general. To work, she needs the EAD valid. If not, she has to quit working till the EAD is approved.

[Mjpusa2001]

Thanks a lot for clarifying!!