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The Global Insight

Can I have H-1B and H4 EAD at the same time?

Author

John Johnson

Updated on April 05, 2026

Yes, concurrently filing of the Change of Status from H1B visa to H4 and the EAD application is allowed. Therefore, if the H-1B continues to be properly maintained, you can continue to work on the H-1B while you wait for the H-4 and EAD to be approved.

Will H4 and H4 EAD come together?

Q: Can we apply for H-1B and H4 extension and H4 EAD concurrently? A: Yes, you can. However, H-1B and H4 extension would have to be approved first before H4 EAD can be processed and approved.

Can I have both H4 and H-1B?

A H4 visa is issued to dependent family members (spouse and children) of H1 visa holders who would like to accompany the H1B visa holder to the U.S. during their stay. If you are applying for your visa along with your spouse, who is applying for H1 simultaneously, then you can submit both applications together.

Can you have EAD and H-1B at the same time?

Yes. Using EAD for employment will terminate your existing H-1B status. However, some immigration attorneys believe that although using EAD to work for your H-1B sponsoring employer will definitely void your H1 status, you are permitted to use EAD for a second job and retain H-1B status with original employer.

How long does H4 EAD approval take?

90 days
How long does H4 EAD processing take? A. Although, it varies from case to case, EAD processing typically takes 90 days. In case, the applicant files Form I-765 concurrently with a Form I-129 and Form I-539, the EAD processing will not begin until USCIS determines the applicant eligibility for H1B status.

Can H4 work without EAD?

Due to the prolonged delays, H-4 visa holders from India and China must wait without work authorization for many years. When the Obama administration passed the H-4 EAD rule, H-4 visa holders could, for the first time, work in any field in the United States.

Can husband and wife both have H1B visa?

“Currently, spouses of L-1 visa holders (on intra-company transfers) are permitted to work. It seems that the same will now apply even to spouses of H-1B workers. They will be given a work permit. This is big news given that Indians constitute a significant number of those allotted H-1B visas each year.”

How is EAD better than H1B?

The EAD is designed for non-resident aliens who are already living temporarily in the US on a non-immigrant visa. The H-1B visa is designed for foreign individuals who hold an offer of employment from a US employer. They must have specialized knowledge and hold at least a bachelor’s degree to be eligible.

Can you be jobless on EAD?

If you have a work permit to lawfully work in the U.S. (an EAD), you could be eligible for unemployment insurance benefits if you have lost your job.

What happens if H4 EAD expires?

You cannot work if your existing H4 EAD card has expired and renewal is in process. You should get the approved H4 EAD card in your hand to re-start the work. Is 180 automatic extension notice on I-765 form valid? I-765 has a generic message about 180 automatic renewal.

Can a spouse travel with you on an H-4 visa?

However, they cannot travel with you on your visa. The H-4 visa, also known as the dependent visa, can be applied to your spouse and allow him or her to travel with you to the U.S. In 2015, the government began to allow the issuing of Employment Authorization Documents (EAD) to certain H-4 visa holders.

How to apply for Employment Authorization as a H-4 spouse?

Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation. You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse.

What can you do with a H-1B visa?

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position.

When was H-1B status granted to the US?

Has been granted H-1B status under sections 106 (a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).