How to apply EAD if we have two 485 cases are pending

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petervisa2006

Registered Users (C)
My husband and I submitted EB2 I-485 (Sponsored by his company) to NSC center in April, 2007. My husband is the primary applicant and I am the derivative applicant. Then both of us got EADs and Travel Docs via his I-485 case. My understanding is that I can use my EAD to work for ANY company since I am the derivative applicant. But my husband can change his job ONLY by looking for same/similar job with his current job position in 180 days after filing I-485, because he is the primary applicant.


Then, I and my husband submitted EB3 I-485 (Sponsored by my company) to Texas center in June, 2007. I am the primary applicant and my husband is the derivative applicant.

When we plan to renew our EAD and Travel Doc this year, we got such a problem that:

If we use my husband's EB2 I-485 case as a base to apply for EADs, then my husband will be restricted into only same/similar jobs with his current position.

But if we use my EB3 I-485 case as a base to apply for EADs, then myself will be restricted into only same/similar jobs with my current job.

So, how should we deal with this kind of problem? Your advices are highly appreciated! Thank you.
 
petervisa2006 said:
My husband and I submitted EB2 I-485 (Sponsored by his company) to NSC center in April, 2007. My husband is the primary applicant and I am the derivative applicant. Then both of us got EADs and Travel Docs via his I-485 case. My understanding is that I can use my EAD to work for ANY company since I am the derivative applicant. But my husband can change his job ONLY by looking for same/similar job with his current job position in 180 days after filing I-485, because he is the primary applicant.


Then, I and my husband submitted EB3 I-485 (Sponsored by my company) to Texas center in June, 2007. I am the primary applicant and my husband is the derivative applicant.

When we plan to renew our EAD and Travel Doc this year, we got such a problem that:

If we use my husband's EB2 I-485 case as a base to apply for EADs, then my husband will be restricted into only same/similar jobs with his current position.

But if we use my EB3 I-485 case as a base to apply for EADs, then myself will be restricted into only same/similar jobs with my current job.

So, how should we deal with this kind of problem? Your advices are highly appreciated! Thank you.
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You and your husband can use EAD (from any application) to work anywhere. There is no specific EAD for the principal or the derivative. The only issue you are concerning about is changing the job category which could affect the pending I-485 for either of you. In your situation every one of you has a pending I485 and another backup one from each other. This may put you in a slightly plus advantage in case one of them get denied. SO, whatever application you are going to apply EAD with does not actually matter especially if both of you working with the sponsor or similar category.
 
Thanks a lot. Mmed. But what if we choose some jobs which are not the same job categories comparing with existing ones?
 
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