3.d.2.B in this memo say derivative is applied to 245k so I don't know how you get your conclusion. Maybe you are confused by the language "in his or her own right" which does not mean derivative has to be a principal on another I140/I360. It means, when he or she alone not in lawful STATUS (and/or other B or C subclause conditions) he/she can benefit from 245k, even though the principal doesn't need 245k.
I copy 3.d.2.B below:
(B) An eligible derivative of an alien described in (A) may benefit from section 245(k) in his or her own right if he or she has failed to maintain continuously a lawful status, worked without authorization, or otherwise violated the terms and conditions of his or her admission for an aggregate of 180 days or less pursuant to a lawful admission.
I copy 3.d.2.B below:
(B) An eligible derivative of an alien described in (A) may benefit from section 245(k) in his or her own right if he or she has failed to maintain continuously a lawful status, worked without authorization, or otherwise violated the terms and conditions of his or her admission for an aggregate of 180 days or less pursuant to a lawful admission.
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