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If I Use My EAD While Employed on an H-1B, Does My H-1B Become Invalid?

Dr. William:

If I use my EAD while employed on an H-1B, does my H-1B become invalid? Also, I worked on a business visa prior to H-1B status, will the business visa duration be counted towards the 6-years of H-1 duration?

Answer:

If you use your EAD while employed on an H-1B, your H-1B will not be become invalid. You are allowed to maintain both the H-1B status and the EAD concurrently, since there is dual intent for H-1B and your dependents on H-4. Also, your 6-years on H-1B continues even though you have an EAD and are working based on that EAD.

The business visa duration will not be counted towards the 6- years of H-1B duration. Your status on B-1 is not counted towards the 6-years on H-1B. However, you are not legally allowed to work in US on B-1 visa, since B-1 is primarily meant to attend conferences or for business trips in US.




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