Jagruti Posted December 30, 2020 Report Share Posted December 30, 2020 (edited) I had EB2 and EB3 I140 both approved. I am currently on H1B Status and have a pending EB3-I485(I765- EAD/AP)application along with my spouse. My spouse is currently on an h1b visa(Expire Aug 2021). As a primary application, I will be maintaining my H1B until I received my green card but we were wondering if she can start using I485 EAD and not continue on her H1B extension? is it okay if she uses it and I am not? There are a lot of benefits like switching jobs, not working, working for multiple employers if needed so we are thinking to go that route. Couple of questions I have. 1. If she uses EAD/AP then she will be a tie to the EB3 category and can not make a switch to H4/H1 in the future if the final green card, Does the application get denied? 2. If EB2 dates move and if I decide to change the route, As I was already maintaining H1B I can go back to EB2 but then what happens with her? Any other odd scenario you can think of or point to me. Any help or direction is greatly appreciated. Edited December 30, 2020 by Jagruti want to turn on notify Quote Link to comment
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