EAD and H1B issue of status

[hony2002in]

Please help on my case

My Case:

I have my H1B with ********* which is valid till September 20th 2012. In Nov 2011 my wife applied for I-485 with her company ******** for me and herself. In Jan 2012 we got our EAD (GC) through my wife's employer. So i have my EAD but i have not worked on EAD. I have few questions regarding my EAD (GC) and H1. My EAD is valid till March 2013 and i am expecting my GC by Oct 2012. We have done our fingerprinting and GC interview also. The dates are unavailable as of now so they couldn't issue GC.

Below are my questions please clarify.

1. Do i have to renew my H1 with **** which is due for renewal in September 2012 to maintain my status or can i just work on my EAD that i have through my wife?

2. Do i have to work on EAD (GC) or i can choose not to work as my wife is the primarily applicant? If i don't work still i can maintain my status and what will be my status? Right now i am working on H1 but my project is ending July end and i am planning to take break for sometime.

(Just FYI.... my wife is currently working for ************ the same company who applied for I-485 and she is on ***** H1 till Nov 2014).

3. If god forbidden there is some query in our I-485 or I-485 is rejected then what is my status if i am on EAD with my wife? Does i automatically comes on H4 on my wife H1 or i have to apply?

4. Do i have to activate my EAD or its already activated with the start date mentioned on the EAD card? If right now i don't renew my H1B and remain on EAD that i have though my wife, so will i be considered depended on my wife's status? As my wife is on H1 with Cisco so will i be automatically on H4 once my EAD expires?

5. As i mentioned that my EAD(GC) is expiring on March 2013, then when should i file for renewal for EAD? Does USCIS renews EAD for sure or there could be some problems? If they USCIS doesn't renew EAD then what will be my status? Do i automatically come as my wife dependent on H4 or what happens?

6. Is it safe to travel outside US on Advance Parole? Does Advance Parole gives guaranty (for sure) entry back to US or there can be any problems?

I would appreciate your prompt response. Thanks in advance for your help.

[pontevecchio]

_{1. Not necessary}

_{2. No. If you do not work you will be awaiting AOS.}

_{3. I suspect GOD is not involved. You can always come back in H4 status if she is in valid H1 status. You can also ask for H4 status now by filling up I-539 or leaving and coming back on the H4 visa.}

_{4. Nothing called activation of EAD. If you use the EAD as work authorization you will be awaiting AOS}

_{5. File 90 days before the current one expires.}

_{6. Normally, Yes.}

_{If you have ever been out of status on H1 and that is why you are so much on edge talk to a Lawyer first. In view of you mentioning the name of the company I suspect the only thing which will result in denial of your AOS would be divorce. Just kidding. Talk to a Lawyer.}