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

[Amlupaplu]

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

[Kalpesh_Dalwadi]

@Amlupaplu

I am a Derivative applicant received EB3 EAD can I use my EAD while primary applicants EB2 485/765/131 is still pending.

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.

@Amlupaplu

If I use my eb3 ead would it affect my and my spouse’s Eb2 processing ?

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

@Amlupaplu

Does this affect his non-immigrant status even if he doesn’t use eb3 ead.

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.

[Amlupaplu]

Yes I am the derivative applicant in eb2 as well.

[Amlupaplu]

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

[Kalpesh_Dalwadi]

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