Complicated scenario - please help!

T

telecom

Registered Users (C)
My spouse has PD Nov 2003 (EB-3) India. His I-140 has been approved May 2007 and I-485 was filed in Sep 2007. As I derivative applicant, I received my EAD and AP in Oct 2007. Both of us are still maintaing H-1B visa.

Now, my PD is Feb 2007 (EB-2) India. I-140 has been approved in May 2008. I cannot file for I-485 as dates are not current. Based on my I-140 approval, I will receive 3 year H-1B visa when I renew later this year.

I am getting a better job and seriously thinking of moving on dervative EAD. If my spouse looses his job next year and is not able to find a new job (telecom industry is quite bad) what would be my status. Since, my new job would be same/similar to previous one, can I port my case without applying for I-485. I guess no?

Please let me know what are my options and which one is the best one for me. Thanks in advance for your reply.
 
Suppose you maintain H-1B and wait for your turn to file I-485, then you have a backup GC trail running. On the other hand if you move to EAD immediately, you earn the job flexibility. However, your spouse should keep working in a 'similar' job to keep the GC process alive.
 
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