Using EAD as a dependent!

[sskchak]

Greetings!! Here is the our situation:

My Wife filed GC under EB3 category in July 2004.
In August 2007, she filed for I140 and I485 concurrently and included me as dependent.
We both got our EAD's and AP's and from then on we have been extending it till now.
She got her 9th year of H1B extension approved recently.

Meanwhile, I have started my GC processing under EB2 category in March 2009.
I got my Labor and I140 approved.
I need to file for my 7th year H1B extension by next month.

Now here are my questions:

1. Can we do the Interfiling with my EB2 category and with my wife's priority date/I485?
2. If yes to the above question, then when can we apply? Can we apply right away or should we wait till the EB2 Priority date is current?
3. Can I use the existing EAD without applying for my 7th year extension without effecting my EB2 GC processing?
4. If I use EAD and If something happens to my wife's GC processing. Can I reinstate my 7th year extension of H1B processing again and my GC as needed? What would be the process?
5. If I use EAD and my EB2 priority date becomes current. Do I need to move on to H1B Non immigrant status again to file I485's on my EB2 application?
6. What if I stopped working once I move onto EAD for a while? Would it effect, i.e. having no paystubs, my reinstating process of H1B and 485 filing at a later time?
7. Are there any other best options except for both my wife and myself being on H1B's, and continue our individual GC processings and maintain status?

Please help us out with the best options in our scenario.

Thanks a lot for all your help and have a nice time!

 

[TheRealCanadian]

1. Can we do the Interfiling with my EB2 category and with my wife's priority date/I485?

Yes and no. You can interfile so that your wife's I-485 is based on your I-140, but you cannot claim your wife's PD.

2. If yes to the above question, then when can we apply? Can we apply right away or should we wait till the EB2 Priority date is current?

I don't believe you can substitute the I-140 until the date is current.

3. Can I use the existing EAD without applying for my 7th year extension without effecting my EB2 GC processing?

Sure.

4. If I use EAD and If something happens to my wife's GC processing. Can I reinstate my 7th year extension of H1B processing again and my GC as needed? What would be the process?

Depends. If your PD is current you can substitute your I-140 for hers, or your employer could get an H-1 for you. You would leave and re-enter with the H-1 in this case.

5. If I use EAD and my EB2 priority date becomes current. Do I need to move on to H1B Non immigrant status again to file I485's on my EB2 application?

To file a second I-485, yes. But why would you want to? You already have a pending I-485.

6. What if I stopped working once I move onto EAD for a while? Would it effect, i.e. having no paystubs, my reinstating process of H1B and 485 filing at a later time?

You would not need to reinstate the I-485. It remains alive whether you work or not.

I'd personally keep your I-140 alive, and stay on the EAD, unless there's something about your wife's situation that would make it likely to be denied.