EB2 To EB3 Downgrade help

[praveensr]

 

Hi guys,
I have few questions regarding EB3-EAD.
In October 2020, we applied for my I 140(EB2 to EB3 downgrade) 485,EAD and advance parole for me and my wife. Last week, my wife's EAD and AP approved  765 (EAD)  and received the card.In February 2021, I applied for my H1B extension (premium) and my wife's H4 and H4 EAD. My H1b approved and  we are still waiting for her H4 and H4 EAD approvals(Biometrics done in May).Her existing H4 EAD expired and she is out of work now.
 
1)Can my wife work with EB3-EAD while my EB3 I140 is still pending?
2) Can I still maintain H1B status while my wife is using EB3-EAD?
3)If answer for question2 is yes, then let's say in future if final action date becomes current in EB2, can both of us  still interfile and take benefit of EB2 date?
4) If she uses EB3-EAD, will she be out of H4(non immigrant) status?? (No plans to travel out of country anytime soon or to use Advance parole at port of entry)
5)If she uses her EB3-EAD now, and let's say after a few months if her pending H4 and H4 EAD got approved, can she  be on H4 status  and  use H4 EAD instead of EB3-EAD without any issue? 
 Any help is appreciated..

[Rakesh_1]

1)Can my wife work with EB3-EAD while my EB3 I140 is still pending?- She can work according to me.
2) Can I still maintain H1B status while my wife is using EB3-EAD?- Please maintain
3)If answer for question2 is yes, then let's say in future if final action date becomes current in EB2, can both of us  still interfile and take benefit of EB2 date? I think yes.
4) If she uses EB3-EAD, will she be out of H4(non immigrant) status?? (No plans to travel out of country anytime soon or to use Advance parole at port of entry)-  No , H1 is baseline for dependents ,you already got H4 extension as well.
5)If she uses her EB3-EAD now, and let's say after a few months if her pending H4 and H4 EAD got approved, can she  be on H4 status  and  use H4 EAD instead of EB3-EAD without any issue? its up to you, doest hurt either way.