I have H1b visa expiring april 2014, Workpermit and AP based on Approved EB2 I 140 India. July 2008

Spouse : H4 B expiring april 2014 . NO workpermit or NO AP.

If I apply for Work permit and Advance payrol for myself and her based on pending EB 1 I 140 and EB1 gets rejected...