Concern regarding using EAD!!

[sskchak]

Hi All,

Here is our situation. Any responses are greatly appreciated.

My wife started her GC process in 2004 under EB3 Category.
She got the Labor and I140 approved
We both, me as a dependent on her application, applied for I485 in July 2007
We both got our EAD's and AP's and renewing it since then.

I have started my GC process in 2009 under EB2 Category.
I got the Labor and I140 approved

We both currently are on H1B work visa's.

What are our options here?....
1. Can I use my EAD and still continue my GC application process?
2. If for some unknown reason something happens with my wife's application, can we switch on to my GC process?
3. What is the best move from now on to keep my GC process running?
4. Can we apply for I485 on my application when the priority dates are current?
5. What is Interfiling? Can we send a letter to USCIS regarding my GC application even though the priority dates are not current?
6. Should I be just holding to my H1B visa and company.

Thanks a lot for all your help!

Regards,
Sourav

[txh1b]

1. You using the EAD puts you in parole status. That has got nothing to do with a separate processing of your GC with your employer except for the fact that you will not be maintaining a non-immigrant status like H1b.
2. Depends. For example, your wife's 485 is denied, you and her both fall out of status immediately if you or she is using the EAD as parolees. If you leave the country and return with a non-immigrant status, you should be fine or you can go with CP. Do more reading.
3. Until your PD is current and you apply for a 485 and pass the 180 day mark (which could take several years), if the employer cancels the I140, you are screwed and GC process will stop.
4. Yes but having multiple 485s causes confusion. Consult the attorney if interfiling is possible.
5. Interfiling is the process where an existing 485 is converted to a higher (read faster) category based on the preference category of the spouse's category or country of birth.
6. If I were you, I would.

[sskchak]

Thanks a lot for your valuable response.

Can we do the Interfiling even though the priority dates are not current?

Regards,
Sourav