View Full Version : Using derivative EAD now and applying for green card under EB2

09-01-2012, 03:53 PM
Hello All,
I am under EB3 India (AOS) category with PD June 2005. My wife & I are using EAD and AP for last 4 years for job and travelling. My wife used her derivative EAD during her residency for last 4 years. Now she got a job offer and employer willing to sponsor her green card under EB2. Here are the questions I have and any advice will be appreciated..

1. Does she have to be on H1 before employer files her labor certification for EB2, or can she file it under EB2 without need of H1 while she is on my EB3 application AOS and using derivative EAD for work?

2. If she has to be on H1 before filing labor certification for EB2, what happens to her existing AOS under my application?

3. If H1 not required, and her 140 approved and can she start using derivative EAD as usual until her EB2 priority date?

Thanks in advance,

09-06-2012, 01:19 AM
Any suggestions..