Posted by: s001 March 2, 2018
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You may or may not be able to apply for a “change of status” from TPS to H1B and in fact, TPS isn't always a good thing. “Change of status” requires that the applicant currently possesses valid immigration status. TPS is not a valid immigration status.
If you entered the US with some valid immigrant status, say F1 for example, then applied for and was granted TPS and stoped maintaining your F1 status (e.g by stop attending classes), you are considered out of status. By right, at this point you can be subject to deportation but because of TPS, your deportation is deferred for the duration of your TPS. You cannot change into any valid immigration status like H1B anymore.
On the other hand, if you have been maintaining the underlying F1 status while your TPS is active, you can switch to any other immigration status that you qualify for and still retain your TPS if it hasn't expired.
The moral of the story is that TPS should be your last resort: by all means apply to get it if you're eligible but try not to use it as your only way to stay in the country. Always maintain some other valid immigration status.
If you entered the US with some valid immigrant status, say F1 for example, then applied for and was granted TPS and stoped maintaining your F1 status (e.g by stop attending classes), you are considered out of status. By right, at this point you can be subject to deportation but because of TPS, your deportation is deferred for the duration of your TPS. You cannot change into any valid immigration status like H1B anymore.
On the other hand, if you have been maintaining the underlying F1 status while your TPS is active, you can switch to any other immigration status that you qualify for and still retain your TPS if it hasn't expired.
The moral of the story is that TPS should be your last resort: by all means apply to get it if you're eligible but try not to use it as your only way to stay in the country. Always maintain some other valid immigration status.