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