Travel from India on H4 or AP, with H1 status changed to AOS

[amitmaha]

I am in US and have an H1 approval till 2015. There is no current H1 stamp in the passport. I also have EAD and AP.

My wife has EAD and AP, and went to India with AP valid.

But the AP is valid till next week (March 13th) and she is in India.

We had a child in India in january.

I visited India in january and came back on AP. My I-94 is reflecting AOS status, which was H1-b earlier.

My company lawyer says that, as I am on AOS status, my wife has to come back to US before her AP lapses to keep the status.

I was considering she and baby could apply for H4 stamp from the consulate with my H1 valid till 2015. But the lawyer says it can either get rejected, or is still not a valid status for an entry, as I am on AOS.

We still haven't been able to obtain child's passport due to the long await in the online passport process.

Here is what I would like to know,

1. If wife does not come to US before next week, what bearing can that have on her green card (priority date for my application is 2008 and she was added on I-485)

2. Travel is not highly receommended, and she cannot bring the baby here. Can she get an H4 visa and use that for future travel? Will that work, or cause any repurcations in future?

3. Are there any alternatives or quick options available?

Thank you very much for your suggestions,

Amit

[Attorney_11]

Potentially, taking the wrong turn could result in abandonment of the green card process. However, there may be options, but timing must be considered. It is a good idea to seek immigration counsel to develop a personalized immigration strategy.

[amitmaha]

Dear sir (or ma'am),

I agree with you.

Considering that she has 6 days more left on AP, what is the best option at the moment?

Would she HAVE to travel to US like the company lawyer says before March 13th?

How easy and viable are the other options?

If you like me to seek immigration counsel, kindly provide the details, and I would like to make a decision soon.

Thank you very much,

Amit

[Attorney_25]

Your situation is too complex to post a best option. None of your options may be the ideal you are looking for. The phone number for the Murthy Law Firm is at the top of this page or you could locate another qualified immigration attorney to advise you.