EAD dilemma

[divinepearl]

Hello,
My husband had an approved I140 before he changed jobs last year. He is on EB 2 India category and still waiting for perm approval through his new job. I am on EB -3 and now eligible to file for I 485 as per Oct 2020 bulletin. If I apply I-485 for my husband along with my application, will he have to give up his EB 2 application?

Thanks for replying.

[idliman]

Hello,
My husband had an approved I140 before he changed jobs last year. He is on EB 2 India category and still waiting for perm approval through his new job. I am on EB -3 and now eligible to file for I 485 as per Oct 2020 bulletin. If I apply I-485 for my husband along with my application, will he have to give up his EB 2 application?

Thanks for replying.

No. Let him keep his I40. Right now he will be applying for AOS through you. Later if his PD becomes current, then you will cross-file with his I140. This is process is well established.

Go ahead and file I485 for you and him. Also once AOS has been pending for 180 days, you get AC21 protection.

[idliman]

Just to add, YTEleven thinks that EB3I dates will always be ahead of EB2I dates for the next 5 years. For your PD @end of 2010, EB3 may be a better choice.

[Zenzone]

Just to add, YTEleven thinks that EB3I dates will always be ahead of EB2I dates for the next 5 years. For your PD @end of 2010, EB3 may be a better choice.

I beg to differ here. Downgrades are happening swiftly than we all think!