H1 I740 on Eb3 approved but EB2 is not yet approved

Hello,

My husband used to work for Employer A who filed his H1 under EB3 category initially. His I140 was approved then and later he was moved to EB2 . My husband then changed his jobs and moved to Employer B who transfered his H1B on EB2 but I140 is yet pending and we do not see it getting approved for a while. However, we do not think the I410 on EB3 has not been cancelled. Can I use that and apply for my H4 EAD?

Please clarify.

Thank you!!

Divya

Can I use that and apply for my H4 EAD?

YES