H1B to H4 applecation (I-539) denied/ also hold EAD status

[srr1891]

  Me and my wife(as a dependent) are holding EAD/AP card with expiry date 04/2015. We both also have active H1b status in back end.

          In my previous company when my wife's H1b was about to expire they filed I-539 for her to convert her H1b status to H4 on May,2014 which got denied on sep,2014 for the reason that we departed to India in Aug for vacation while the application was pending.
 

           will this denial make her illegal to stay in USA despite of holding valid EAD/AP status. also will this effect on me as she got a dependent EAD status because of me.

            we both entered USA with Advanced parole on Sep6th and I joined a new company and I got a new H1 approved with I-94 number on it this month (Oct). I ignored the I-539 aaplication because I was joining new company and getting new H1b.
 

            please advise, I want to make sure that we not violating any immigration laws and she is not staying in US illegaly. I have 12 days left to file a motion if required. I would really appreciate if you experts clarify.

[itsmeusa]

When your I-485 is pending, you don't have EAD / AP as status, it's called AOS pending.

 

Her H4 denial will not impact her legal stay in US as her I-485 is pending.

 

As the beneficiary of I-485, her EAD is independant of your EAD, so you are safe on that front too.

 

You can always file her H4 now that you are in US and you have H-1b approved / extended.

[pontevecchio]

Since both of you are awaiting AOS you are legal to stay, H1 or Not.

[srr1891]

Thank you so much for your replies, I got similar response from paralegal team in my company.