H1B->GC EAD | concurrent H1B | Interfiling

USA Green Card
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#1

Hi,
I am currently on H1B. Had downgraded from EB2 to EB3 in 2020 Oct. Received GC-EAD couple of months back. Sometimes I think of moving to GC EAD and get out of this H1B hassle but I have few confusions in my mind, appreciate your expert input -

Q1> What is the process for shifting from EAD (GC - Filing or Application EAD) to H1B
Q1.1> If GC-EAD to H1B is possible then do I fall under fresh H1 (i.e., Cap exempt ?) when i have H1B - 797 valid till 2024 and approved I140

Q2> I have an H1B (Approved 797) with my employer (ABC) and got the opportunity to work part time with another employer (XYZ). Am I legally allowed to go for concurrent H1B filing and work for company xyz along with my ABC payroll running?
Q2.1> Will this impact my status (H1B or I-485)?
Q2.2> What is the process for concurrent H1 B filing?

Q3> I have EB2 and EB3 categories with my previous employers. If EB2 is current with my previous employer then do I need to go back to the previous employer or can he file for counter filing without me joining his company?

Q4> If the Green card date is current for the EB2 category and I want to do Interfiling from EB3 and EB2, can i do it independently or does it need to be filed by the Employer who filed the green card ?

Thanks,
Vatsala

#2

Keep in mind that if you use GC EAD, your H4 dependents will lose their non-immigrant status and will be considered in the pending AOS status. Spouse working on H4 EAD will need to stop working unless he/she has GC EAD too and must use that once H1B switch to GC EAD.
For switching back to H1B, you can cross the border and enter back using valid H1B I-797. CBP will issue I-94 and you will switch back to H1B status. Unless your H4 dependents also do the same, they will be in pending AOS status.

Yes.

No.

Your new employer will file concurrent H1B petition, if approved you can work for the 2nd employer concurrently.

GC job is a future job so there is no need to move to the previous employer if they are ok filing I-485 without you joining them first.

Your employer sponsoring your EB2 GC will need to do the interfile with I-485J supplement.

1 Like
#3

Thanks Kalpesh

I have heard from few people that it is allowed to work on GC EAD and H1B for the same employer who is processing GC, is this true?

Thanks,
Vatsala

#4

You can use only one at a time.