Posted by: Gorton Law June 28, 2015
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@loperthapa
"f1: do we have to maintain f1 visa if we go on tps? and if we chose not to maintain can we gain h1, gc or other immigration benefits in the future?"
By definition, you do not need to maintain F-1 status if you go on TPS. However you cannot "change status" from TPS, you can only "adjust status" from TPS. "Adjustment of status" means "get the green card inside the United States without having to leave." "Change status" means "go from one non-immigrant visa to another." Example: B-2 -> F-1 = change of status. F-2 -> F-1 = change of status. TPS -> Green Card = "adjustment." Not trying to confuse anyone, this is just what they're called.
"h1b: Is it better to stay on h1 b for the future gc or take temporary status? or can both be maintained?"
Remember that H-1B does NOT lead to a green card, only an EB visa does. But because H-1Bs can last practically forever as long as there is a pending I-140, there is no sense in getting TPS *UNLESS* there is some problem with the employee/employer relationship. But again, it depends on how the person plans on adjusting status. If it's December and the employer can't get a labor certification than it would be a different story.
" So why not stay on tps, work, or go to school and when it is about to expire come to f1 or h1b?"
Remember that you cannot "change status" off of TPS; you need to leave the US and come back with a new visa. If you have overstayed your visa this is a big problem because of "unlawful presence."
Jamie Gorton
Law Offices of Jamie Gorton - 1 (800) 655-0347
"f1: do we have to maintain f1 visa if we go on tps? and if we chose not to maintain can we gain h1, gc or other immigration benefits in the future?"
By definition, you do not need to maintain F-1 status if you go on TPS. However you cannot "change status" from TPS, you can only "adjust status" from TPS. "Adjustment of status" means "get the green card inside the United States without having to leave." "Change status" means "go from one non-immigrant visa to another." Example: B-2 -> F-1 = change of status. F-2 -> F-1 = change of status. TPS -> Green Card = "adjustment." Not trying to confuse anyone, this is just what they're called.
"h1b: Is it better to stay on h1 b for the future gc or take temporary status? or can both be maintained?"
Remember that H-1B does NOT lead to a green card, only an EB visa does. But because H-1Bs can last practically forever as long as there is a pending I-140, there is no sense in getting TPS *UNLESS* there is some problem with the employee/employer relationship. But again, it depends on how the person plans on adjusting status. If it's December and the employer can't get a labor certification than it would be a different story.
" So why not stay on tps, work, or go to school and when it is about to expire come to f1 or h1b?"
Remember that you cannot "change status" off of TPS; you need to leave the US and come back with a new visa. If you have overstayed your visa this is a big problem because of "unlawful presence."
Jamie Gorton
Law Offices of Jamie Gorton - 1 (800) 655-0347