H1 for Me + H4 for wife with an approved EAD and valid AP

[financex168]

Can someone help me with the below..

I have a valid H1 without stamping and an unused but Valid EAD with valid AP. I plan on sponsoring H4 for my wife, who is currently in India. What are the options for me to get my wife to the US in the next 4-5 months?

Can I send her for H4 stamping first and after getting it stamped/approved appear for my H1 stamping a week after? In case if my H1 is not approved (Say 221g issued asking to prove the EMP > Client relationship), can I travel with my Advanced Parole along with my wife, who has a valid/stamped H4 by then?

In the above scenario, will she be out of status as I entered on AP?

Note: My Priority Dates are not current, to file for her EAD.

Any responses to assist, are greatly appreciated.

[txh1b]

To bring your wife to US, you have to maintain H status until she can apply for an I485. If you enter on AP or use EAD, she becomes illegal even after entering on H status.

In short, no. Your EAD and AP are useless(from a dependent perspective) until your wife has a 485 pending.

[financex168]

Thanks for the response!

In case my H1 is delayed for processing, can I come back on AP/EAD and continue working on H1B while the consulate is still processing my case?

As soon as the consulate completes processing my case, I will return to India and submit my passport to get my H1 stamped?

Will the above approach put my wife out of status, even though I have my H1 stamped, as I visited US with my AP during the time my H1 is being processed by the consulate?

[txh1b]

Your wife cannot be in US on H4 status while you use AP/EAD. She should remain in India until your H visa is processed to accompany you to US.

[financex168]

Thanks for the prompt response.

Guys - Please let me know, if anyone is in a similar situation and can suggest a way to take advantage of valid EAD/AP.

[txh1b]

There is no way!