Once you receive your Green Card Employment Authorization Document (EAD), a common question is: Is it better to continue working on my H1B visa or start using my GC EAD? Both have benefits and risks depending on your immigration goals, job flexibility, and personal situation. This guide explains the differences, timelines, and factors you should consider, especially for immigrant tech workers in immigration hubs like New Jersey, California, and Texas.
What are H1B and GC EAD?
H1B Visa: A non-immigrant work visa that allows you to work for a sponsoring U.S. employer, usually valid for up to 6 years with extensions.
Green Card Employment Authorization Document (GC EAD): A work permit issued while your Green Card application is pending (usually after filing Form I-485). It allows you to work for any employer without H1B sponsorship.
Why This Question Matters?
Deciding whether to stay on H1B or switch to your GC EAD affects:
Job flexibility and security
Travel and visa stamping options
Work authorization timelines
Long-term immigration strategy
Also Read: Can I work on GC EAD and H1B at the same time?
Key Differences Between H1B and GC EAD Work Authorization
Feature | H1B Visa | GC EAD |
|---|---|---|
Employer Sponsorship | Required | Not required |
Job Flexibility | Limited (must work for sponsor) | Unlimited (any employer or self-employed) |
Visa Validity | Typically 3 years, extendable | Valid while I-485 is pending |
Travel | Requires H1B visa stamping | Travel can be complicated without advance parole |
Dependents’ Status | H4 visa holders dependent | EAD holders’ dependents may have EAD or other statuses |
Renewal Frequency | Every 3 years or extensions | EAD usually valid for 1-2 years |
Risk of Loss | Employer-dependent | Independent of employer |
Step-by-Step: Should You Switch to GC EAD or Stay on H1B?
Step 1: Evaluate Your Job Security and Flexibility Needs
If you want freedom to change jobs or start a business, GC EAD is better.
If you prefer employer-backed stability and visa status, staying on H1B can be safer.
Step 2: Consider Travel Plans
H1B holders can travel and re-enter the U.S. with a valid visa stamp.
EAD holders need Advance Parole to travel; otherwise, re-entry risks losing pending status.
Step 3: Check Your EAD and Advance Parole Timelines
USCIS processing for EAD can take 3-6 months.
Some get combo cards (EAD + Advance Parole) that simplify work and travel.
Step 4: Analyze Impact on Future Green Card Process
Using EAD doesn’t negatively affect your Green Card application.
Staying on H1B keeps you under dual intent status with easier travel options.
Step 5: Discuss with Your Immigration Attorney
Every case is unique, consult on your specific employment, travel, and family needs.
Also Read: Can I switch jobs after getting my Green Card EAD in the U.S.?
Checklist: What You Need to Decide
Valid H1B status and visa stamp dates
Approved or pending I-485 application for Green Card
Receipt of EAD and Advance Parole cards
Employer’s flexibility and willingness to support H1B or job changes
Travel plans and visa stamping requirements (e.g., stamping in Hyderabad)
Local laws and support in your area (New Jersey, California, Texas)
Consultation notes from your immigration attorney
Also Read: H1B Transfers and Extensions: What You Need to Know
Practical Takeaways for Immigrant tech workers
In high-backlog states like New Jersey and California, EAD gives job freedom to switch employers without waiting for H1B transfers.
If you anticipate a layoff in Texas or job uncertainty, EAD offers a backup work authorization.
EAD renewals may take months, so plan accordingly to avoid employment gaps.
Traveling internationally? H1B offers safer re-entry unless you have Advance Parole with your EAD.
Keep your H1B valid as a fallback until your Green Card is approved if possible.
Frequently Asked Questions
Q1: Can I work on both H1B and EAD at the same time?
A: No, you must choose which work authorization to use when working.
Q2: Does using EAD cancel my H1B status?
A: Using EAD means you are working based on your Green Card application, but your H1B remains valid unless you formally abandon it.
Q3: What if my EAD expires before my Green Card is approved?
A: You can apply for EAD renewal, but processing times can be long; maintaining H1B as a backup is advisable.
Q4: Can I travel internationally while on EAD?
A: Only if you have an Advance Parole document; otherwise, re-entry is risky.
Q5: How does H1B transfer work if I switch to EAD?
A: If you switch to EAD, you no longer need H1B sponsorship, so H1B transfer is irrelevant.
Questions to Ask Your Immigration Attorney
What are the risks of switching from H1B to GC EAD given my current visa status?
How will switching impact my family’s dependent visa status?
Can I travel internationally safely while on EAD?
What is the typical EAD processing time currently?
Should I keep H1B active as a backup until Green Card approval?
Case Study
Priya, a software engineer in Silicon Valley originally from Hyderabad, received her EAD card while her Green Card application was pending. She enjoyed the flexibility to switch to a startup without needing her old employer’s sponsorship, which was critical during a company restructuring. However, when Priya planned a trip to India for stamping in Hyderabad, she used her H1B visa to avoid the uncertainty of Advance Parole. This dual strategy helped her manage risk and gain flexibility until her Green Card was approved.
Final Thoughts
The choice between working on H1B or using your GC EAD depends on your priorities, whether you value job flexibility, travel freedom, or immigration security. For many immigrant tech workers in hubs like New Jersey, California, and Texas, a hybrid approach leveraging the benefits of both may be optimal until your Green Card is approved.
Looking for Tech jobs in the USA or immigration-friendly employers? Join Techotlist today to discover thousands of job opportunities tailored for Immigrant tech professionals across the USA. Find your next career move easily with Techotlist, where jobs chase you! If you found this guide helpful, share it with friends and colleagues also facing these important decisions!