EB2 to EB3 Downgrade Oct 2020 - EAD, AP approved

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…

She can use EB3-EAD but that will lock her status with EB3.

It won’t affect your H1B but then it will be difficult for her to move to EB2 in future.

Thanks a lot for the reply Anil.Need some more clarification
it will be difficult for her to move to EB2 in future.
Can she go to India and get her H4 stamped(As I am on H1) and enter into USA on H4(Non Immigrant) status and move to EB2?
Is it a possibility?

Yes, I believe this can be done but do consult your employer’s attorney before taking this step.

Sure.Thanks,I will do.