Can derivative spouse use EAD/AP while principal applicant remains on H1B?

[rksingh]

Hello Forum experts,

I have an approved H1B valid up to Nov 2023. I recently filed my I485 as the principal applicant along with my spouse as derivative applicant.

When we obtain our EAD/AP cards, can my spouse use it to work while at the same time I continue to remain on H1B status? In other words, can my derivative spouse become a "parolee" while I maintain my non-immigrant status?

***The reason that I am asking is that my spouse's H4 and H4-EAD applications have been pending since July 2020....we have not even received the biometric appointment date even after 5 months and she has had to stop working since her EAD has expired.

[JoeF]

Yes.