H1-B stamping and EAD - please help

[addyriz]

My H1-B expired in Jan 2007 and subsequently I got I-94 extension till Jan 2010. Now my H1-B petition is valid till Jan 2010. (My wife has H4 with same situation)

Ques1 - I have travel plans to India in Nov and while reviewing the US Visa website, I found that if someone's visa has expired for more than 12 months, they are not considered visa renewal candidates.
Does that mean if I schedule Visa interview, I will fall under available visa quota category and there can be chances that my Visa stamping get withheld?

Ques2 - Also, me and my wife have EAD valid till July 2010. If there is any doubt on success of Visa stamping, I can as well move to EAD before leaving US. Can you please let me know if this is a nice idea and also the risks involved.

I shall highly appreciate your kind reply.

[orion]

1 & 2. You are just being paranoid about your stamping. Just schedule and interview. EAD on what basis? H1 does not have EAD, or do you mean EAD from a AOS filed?

[txh1b]

EAD does NOT allow entry into US. You need AP to enter if the EAD that you are talking about is from AOS filing. There is no need to switch to EAD prior to entry on AP.

[vipingrover]

IT doesn't matter if its been over 12 months since the visa expired. As long as you have the valid approval notice (I-797) and I-94. Just go and get it re-stamped.

Also, you don't fall under the quota if you haven't used up all 6 years of your H1 visa, even if its a new visa.