Working on EAD as a dependent of Spouse's GC processing. Can I start my own GC application?

[ganapathi]

I am working on EAD that I got from current GC processing through my husband. Our current category is EB3, it doesn;t seem like we get our GC in near future (we are from India).

I had labour (priority date oct/2000) & i-140 approved but later got laid-off before filing 485.

Can I start a new GC application in EB2 category while working on EAD? or should I change to H1 before applying for new GC?

Appreciate your reply.

[pontevecchio]

You can find a sponsor for your LABOR in EB2 or EB3 as you will ordinarily retain the 2000 PD in any case. Discuss our situation with a Lawyer and look for a sponsor for your GC.

[Attorney_22]

Generally, yes- you can pursue a PERM green card petition while on EAD as the derivative of your spouse’s green card petition. However, H1B does grant you a safety net (assuming you have a basis for obtaining H1B) if something happens with the current pending I-485. Additionally, H1B status will grant you an affirmative status while pending 485 is only a period of authorized stay. If you would like to discuss this in more detail please speak to a qualified U.S. immigration attorney directly. The Murthy Law Firm has very well-regarded H1B and Green Card Departments with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.