Derivative applicant using EB3 EAD while primary applicants EB2 485/765/131 is pending

EAD
1

Hi All,

I am a Derivative applicant received EB3 EAD can I use my EAD while primary applicants EB2 485/765/131 is still pending. Because my spouse filed an AOS as derivative eb2 applicant as well.

If I use my eb3 ead would it affect my and my spouse’s Eb2 processing ? Does this affect his non-immigrant status even if he doesn’t use eb3 ead.

Regards

2

So you are derivative for EB3 and primary for EB2?
EAD category doesn’t really matter. You can use EB3 EAD while your EB2 is pending.

No. Once your PD is current in one of the categories, you will need to withdraw your AOS from the other category.

Using EAD will cancel your non-immigrant status and you will move to pending AOS status.

If the primary applicant used EAD, the derivative will lose the non-immigrant status.

3

Yes I am the derivative applicant in eb2 as well.

4

Will the primary lose non immigrant status even if he holds on h1b and only derivative uses the EAD?

5

Primary will not lose non-immigrant status if the derivative use EAD.