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Question

Myself and wife are working on independent H1Bs. I filed for AOS recently (me primary and wife is derivative) and will be receiving an EAD soon (hopefully). Once I receive the EAD, I continue to stay with my current employer till I receive GC. So, I do not plan to use my EAD. However, my wife is considering using her EAD to switch her job to avoid the hassle of H1 transfer. My questions below. (1) I understand if I use my EAD (instead H1B) for my employment, my H1B is invalidated and I will out of status if something goes wrong with the pending 485. However, if my wife uses her derivative EAD for employment while I continue to stay on H1B, will my H1B still be invalidated and will I be at risk for out of status if my 485 gets denied for some reason? (2) I do not plan to travel to India in near future. However, if I do and choose to return on EAD/AP (instead of going for H1B stamping), am I invalidating H1B? By doing this, am I risking being out of status if my 485 gets denied for some reason?

User's Location: Houston, Alabama, United States of America

Category: Employment-based Green Card