Q: If I use my AOS EAD, can I later file a new I-485 application under a different preference category based on another I-140 approval with a more favorable cut-off date?
A: No. At the time of filing an I-485 application, an employment-based applicant must be in a nonimmigrant status. Once the EAD card is utilized, the nonimmigrant status is forgone and a new adjustment of status application is not possible. Changing preference categories may only be possible through interfiling.