Eb2 Eb3 downgrade - can primary maintain H1B while spouse uses 485 EAD?

On getting an EAD after the down grade of my I 140 from EB2 to EB3 and filling the I 485 concurrently, If dependent uses the EAD, but the primary does not, then is it possible for the primary applicant to retain the H1B so that he also has the Eb2 on hand.

If the unused EAD of the primary applicant is not renewed for a year, then is it possible to renewing the EAD next year .


Yes, the spouse should be able to use her EAD while primary maintains their H1B.

EAD renewal can be done anytime i485 is pending.

@sanjay1 I am also in the same situation and I am getting h4 EAD and use it instead of 485 EAD. I will continue to be on H1 and spouse will be on H4/EAD. That’s the safest option in my opinion.