Maintaining H1 / Using EAD

[venad]

Hi,
Here is my situation.

PD - Nov 2nd 2006
Filed I485 on July 2007.
Have EAD(valid till Oct 2010) and AP
H1B expiring on June-26-2009 (Extended on 2006)

Now I am in India on vacation and getting married. I plan to get an H4 for her. I have couple of questions on the case where my H1 expires before my PD gets current to file I485 for my spouse.

1. Can I extend my H1 (and her H4) on basis of my approved I140?

2. If USCIS rejects my H1 extension and I use my EAD will my wife go out of status?

3. I heard that if you have filed for I485 and have EAD, USCIS is rejecting the request for H1 extension based on I140, is that right?

Thanks,
Venad

[txh1b]

1. Yes
2. Yes
3. Not quite true. There are certain cases in which parolees H1 extension were denied by a service center. You don't have an option to be a parolee if you intend on bringing a H4 until her 485 is filed.