Can my spouse enter US using her H4 stamping and I use AP obtained via EB2 NIW.

[krishnapreddy]

I have been using EAD/AP from EB2 NIW (since it's NIW it's not tied to any employer) to enter US since 2010(after my H1b stamping got expired). At the same time I have been extending my H1B in case my I485 does not get approved and I can fall back on H1B. I have also changed couple of employers. Each of the employers also filed for my H1B extensions whenever the current periods expired. I recently got married and my wife got her H4 stamping done. So can my wife enter using her H4 and I still enter using my EAD/AP? Or do I need to get my H1B stamping done. Suppose if she enters using her h4 and I enter using my AP, what happens if my I485 does not get approved, will she be out of status immediately?

[newacct]

In principle, for her to stay in H4 status, you need to be in H1b status. If you enter on AP, you will not be in H1b status, so she cannot be on H4 status. Are you currently outside the US or inside? If you are inside the US, was your last H1b extension of status before or after you last entered on AP? Because if you got an H1b extension of status after you last entered, you would currently be on H1b status.

[krishnapreddy]

Well currently I am outside the country. I got my H1B extended few months back. I plan to return end of this month. I really don't want to attend the H1B stamping interview because it might cause administrative processing delays.