Working on EAD (spouses GC). H1B expired. Can my employer file a GC for me?

[tresamies]

Hi,

I was working on H1B for my current employer which expired on Dec 2010 ( done with 6 years). I switched to EAD that I got through my Spouse's EB3 Green Card.Our priority date is Feb 2005. Given the current back log on EB3, I am planning to apply a GC through my employer in EB2 Caregory.

1)Can they initiate a GC for me given My H1B has expired? Or will I be okay because I was working on EAD

2) If I can apply for a GC. Will USCIS consider my spouse's priority date when we get to the I-485 filing phase because USCIS discourages an individual having multiple I-485's?

Thanks for the response.