Can't decide

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I am graduating in December 2015. I am a stem extension as well. I have been following the discussion and news as well as talked with a lawyer but i can't get the exact answer i'm looking for. I want to apply for H1 as well. If i get TPS then will i be allowed to apply for h1?

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MimroRaMero

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Who said you can't apply for H1 after you get TPS.

kathmandu09

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Actually noone..just wanted to make sure.. So we can apply for H1 as well then..
So do i apply for TPS EAD or should i just apply for TPS without EAD and get OPT EAD instead..

npli_girl

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What I have understood so far regarding TPS is, You can apply H1B and if it gets picked up it can be approved but the main thing is you won't get the change of status approve. So in that case you have to go to Nepal and apply for H1B visa. Getting H1B visa is not hard if the company who has filled your H1B is a good one.

ny2

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You can definitely apply for H1
It's better to just apply for TPS without its EAD and get your OPT EAD instead. By doing so, you are maintaining your F1 status. If you use TPS EAD for work, your F1 is not maintained.
Some lawyers have said one can change status to H1 (another nonimmigrant status) if one has maintained current non immigrant status( F1 in your case) while in TPS. It's still vague but it's always better to work on your OPT EAD. In case your OPT EAD expires and h1 doen't get approved, you can apply for TPS EAD at that time.

kathmandu09

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That was very helpful..Thank u guys!!

MimroRaMero

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"Some lawyers have said one can change status to H1 (another nonimmigrant status) if one has maintained current non immigrant status( F1 in your case)"

If you are legal when you apply for TPS then you can change your status. You might have to go back to Nepal tho. If some one comes here in Tourist visa. After TPS approved, company can apply for h1 VISA.

Pritush Maharjan

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Go for basic TPS .................maintian your H1 and other status , TPS serves as a great back up...

goodtogo

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Does that mean if a student isn't on OPT and files for H1 and gets approved by using TPS EAD, afterwards plan to apply for a green card through a company then there can be any obstacles? ................Or is it a good idea to apply just TPS and apply economic hardship or apply EAD later next year?

Please help me to make understand

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