Reg H4/EAD question

[gcdeena]

Hi Folks,

Here is my situtation:

My wife has valid EAD and applied for her H4 extn and it shows the notice and receipt date as oct 20. But her I-94 expired on Oct 17th.
Basically my company forgot to apply my wife's H4 along with my H1B application; after some time only they have applied my wife's H4 after i sent a reminder. So these three days delay will be considered as out of status? if so what is the alternative without affecting her GC process.Kindly enlighten me regarding this issue.

thanks in advance for your reply.

[dskhabra]

If she has pending 485 AOS application then she is not out of status, even if you do not renew her H4.

[gcdeena]

Hi,Thanks for your encouraging response.So do you meant to say even though I'm on my H1B with AOS pending for both i don't need to apply my wife's H4 extn? If that is the case how travel to india will work? Just AP do solve the purpose?

[dskhabra]

Yes, she can travel using AP.