Going for H4 stamping, but already used AP

[rajum123]

Hello Friends,

This is my 1st post in this forum. So dont know where to post this...

I have few doubts regarding my wife's H4 stamping and my visa status...

1. I have a valid H1B visa till 2010 and I have EAD also till 2010. Recently I worked for a client as fulltime for 3 months using EAD and I came back to my old employer where I have my valied H1B visa.
The question here is : Am I in H1B or EAD? (before I join fulltime I went to india and came back on AP) ( when I ask this to my employer he is saying that I can still work on H1 as he still maintaining this and he dint cancel it)

2. My wife also used her AP when we travel 4 months ago to india and now she went to india again. She is in india now and she would like to attend for H4 stamping. Can she eligible for H4 stamping? ( the reason she want to go, bcoz she would like to extend her trip for few more months, but her AP is valid till Jan only)

Please help me out in this...Please let me know if I need to give more information on this...

Thanks
Raj

[txh1b]

You are a parolee and your wife should not use H4 to enter US. She has to enter on AP.

If you can go out and enter on H1b, then she can enter using H4. Your employer not revoking the H1b does not give you the H status if you used AP or EAD.