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 filing H1b while on TPS
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h1b TPS out of status
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Posted on 02-01-16 4:12 PM     Reply [Subscribe]
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Hi, I have a question. I didn't find the correct information through tedious internet research.

I entered US through B1 visitor visa and my I-94 was till 16 Dec, 2015. I applied TPS on october 15 2015. I got EAD on dec 10, 2015 from TPS and my TPS approval is still pending.
Now I got employer who can file my H1B visa. I know I have to get my H1B stamped outside US before it comes in play. and I am ready to get my TPS void if I get H1b. I know I should have just filed extention of my B1 status instead of TPS but at that time I was unsure if I will find H1b sponsor so quickly. My questions are:
1. Is there a different process for my employer to file H1b through consolate if I was in B1 status or now I am in TPS ?
2. Will my TPS have implications in approval for H1b through consolate since I am out of status now?
3. I got EAD before by I 94 date expired but My TPS approval is still pending , am I accumalting unlawful presence if I go to Nepal before it gets approved? will I be barred from entering US when I go abroad/Nepal for H1b stamping when my TPS approval is still pending?

I can go to attorney to talk this issue, but my employer's attorney is not available for few days and my employers are not sure about this. This issue is taking my sleep away. any insights will be very much appreciated. Thanks in advance.
Last edited: 01-Feb-16 04:13 PM

Posted on 02-01-16 4:34 PM     [Snapshot: 20]     Reply [Subscribe]
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well, H1B filing is totally different approach as you know it. You may file different Category, Bachelor degree or Master Degree cap. H1B filing begins on April 1st, and remains open as long as all quotas are filled. Usually it fills in a same day. H1B approval or denial will take alteast 5 months, usually result is known on Sept.
Posted on 02-01-16 4:59 PM     [Snapshot: 42]     Reply [Subscribe]
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thanks for the answer but I am still confused. What do you mean by different approach.
Posted on 02-02-16 8:42 AM     [Snapshot: 183]     Reply [Subscribe]
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what I mean by H1B filing is a different approach? Well, as you know it's a company sponsorship and H1B is like DV lottery, in the sense, company file H1B for its employee on April 1st (Bachelor degree pr Masters degee cap). There will be lots of application for Bachelor degree quota than Masters degree. Getting H1B is again a lottery base, you never know if you get it or not, entirely Luck. You will get to know on Sept only.
Posted on 02-02-16 4:23 PM     [Snapshot: 256]     Reply [Subscribe]
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Also If you already applied for TPS and received EAD, you are TPS pursuant so even though your TPS isn't approved I do not believe you are out of status as far as your current immigration status is concerned.

Posted on 02-02-16 4:36 PM     [Snapshot: 259]     Reply [Subscribe]
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@ luvraj
thanks for response. but as I have accumulated information. Though TPS pursuant is not counted as legal status, it will not accure Unlawful presence if and only if TPS is approved.
but as I now have EAD till december of 2016, I was wondering isn't it the lawful presence.
By the way do have any idea how much time it is taking for TPS application to be approved , they don't have any information about it in Nebraska service center.

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