I and my spouse both are on H1b and work for different employers. we both have valid I-140. My priority date( in EB-3) became current in Oct 2020 bulletin and we both applied for 485,EAD and AP along with my EB3 Downgrade.Currently our EAD and AP got approved as well as my EB-3 I-140.
I know in general if primary applicant moves to EAD/AP then derivative applicants should automatically out of nonimmigrant status if they are on H4(Dependent) as their visa depends on primary applicant H1b.
I have below question for my case.
1)Can I(primary applicant) use my EAD and my spouse maintain her H1B with her employer as she is not my dependent (H4) for visa purpose?
Thanks in advance…
Yes, this should be okay in your case as your spouse is on H1B.
Sure kalpesh.Thank you.
@getspr2 You mentioned your date got current in Oct 2020. It has been over a year. Do you know at what stage your I485 is pending? Also if you could share your PD.
As I mentioned in my first statement I have received EAD and AP as my 485 is pending .My PD is June 2014…