Can I Work on GC EAD and H1B at the Same Time?

Key Takeaways

•    Yes, you can work on GC EAD and H1B at the same time if both are valid.
•    Most professionals choose to work using GC EAD due to its flexibility.
•    H1B status can be maintained as a backup while using EAD.
•    Understand the status you are actively using to ensure compliance.
•    Always consult an immigration attorney for case-specific guidance.

Introduction

Indian-origin professionals working in the U.S. on an H1B visa often ask this question as they approach the green card stage:
"Can I work on GC EAD and H1B at the same time?"
The short answer is yes, but it’s essential to understand how immigration status and employment authorization interact. This guide covers what the USCIS allows, what’s legally safe, and how professionals in tech hubs like New Jersey, California, and Texas should plan their next move.

Also Read: Is it better to work on H1B or use my GC EAD once I receive it?

Understanding the Basics: GC EAD vs H1B

What Is GC EAD?

GC EAD (Green Card Employment Authorization Document) is granted to individuals who have filed Form I-485 (Adjustment of Status). It permits open employment in the U.S. without restrictions on role, employer, or industry.

What Is H1B Status?

The H1B is a non-immigrant visa tied to a specific job, employer, and location. It’s employer-sponsored and requires filing Form I-129 with USCIS.
Key Differences
 

Can You Use Both at the Same Time?

Yes, it is legally permissible to hold both a valid GC EAD and an approved H1B. However, you can only work under one status at a time for a particular job.
You may be issued both authorizations but must clearly designate under which one you’re working. Choosing EAD offers flexibility, while maintaining H1B can be a safeguard.

Checklist: What You Need to Hold Both

•    Approved I-140 (for employment-based green card)
•    Filed I-485 Adjustment of Status
•    Valid GC EAD card
•    Valid H1B approval (Form I-797)
•    Active I-94 showing current H1B status

Also Read: Can I switch jobs after getting my Green Card EAD in the U.S.?

Why Professionals Keep H1B While Using EAD

Travel Convenience

With a valid H1B visa stamp, you can travel internationally without needing Advance Parole.

Backup Option

If your I-485 is denied, your GC EAD is void. Maintaining H1B keeps your legal work status intact.

Employer Preferences

Some employers prefer to keep foreign workers on H1B due to policy or compliance reasons.

Real-Life Example: Ananya in New Jersey

Ananya, a systems analyst in Jersey City, was on H1B when her I-485 was filed. After receiving her GC EAD, she faced a decision.
Her employer recommended continuing on H1B to simplify travel and maintain backup status. However, she used her EAD to freelance part-time outside her primary job.
This dual strategy gave her the security of H1B and the flexibility of EAD, without violating USCIS regulations.

Important Things to Consider

Don’t Use Both for the Same Job
You must choose which status you are using to work. You can’t simultaneously claim both for the same role.

Using GC EAD Ends H1B Status for That Job

If you start using GC EAD for your main job, you’re no longer maintaining H1B status, although your H1B approval remains valid for other filings.

Future Green Card Implications

If your green card process is employment-based, not maintaining H1B may affect portability rules (AC21) or require starting over if there’s an issue with your I-485.

FAQs: Can I Work on GC EAD and H1B at the Same Time?

Q1: Can I use my H1B for my full-time job and GC EAD for side gigs?

Yes, as long as the side gig is separate from your H1B employer and does not violate any employment terms.

Q2: Will using GC EAD cancel my H1B status?

Working under EAD means you are no longer in H1B status, though the H1B approval may still be valid for new filings.

Q3: Can I re-enter the U.S. using H1B if I’m working on GC EAD?

Yes, as long as your H1B visa stamp is valid and you return to work for the same H1B employer.

Q4: Should I renew my H1B after receiving GC EAD?

It depends. If you want a backup in case your green card is denied, renewing H1B is advisable.

Questions to Ask Your Immigration Attorney

•    Will using EAD impact my future green card interview?
•    Should I stop renewing H1B now that I have EAD?
•    Will it affect my dependents on H4 if I stop H1B status?
•    Can I switch back to H1B if I start using EAD?

Conclusion

Yes, you can work using GC EAD while holding H1B approval, but it's essential to understand that you can only work under one at a time per job. Many professionals choose to maintain H1B for added protection while using EAD to explore freelance or side opportunities. Your decision should be based on career goals, green card path, and immigration risk tolerance.

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