Lawyer told not to file TPS

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Guys, Please help me here! I have a job offer starting from next month, I have 1 year of OPT valid till July, 2016 . I contacted company's lawyer and he recommended not to file TPS as he tells it will create problem to file for H1 next year. What should I do, should I take chance of getting luck in lottery next year or should I apply TPS and get work authorization for 18 months and more?

chorfata · Jul 24, 2015 9:41 PM · 15,116 views

8 Replies

If you have already spoken to a lawyer, what's the point of asking here? Do keyboard warriors on this forum sound better than professional lawyers to you?

s_man23 · Jul 24, 2015 9:54 PM

S-man23, Just sharing what I know. People have different prospective and I want to know that.

chorfata · Jul 24, 2015 11:10 PM

@chorfata, Read this: http://www.avvo.com/legal-answ...

s_man23 · Jul 25, 2015 8:21 AM

Lawyer is right.....OPT----for F1. Once you file for H1B you have to file for status change, and TPS does not allow to change the existing status in general. if you file H1B while you are in TPS, you have to leave country and file for status change----this is my understanding.

Cicada · Jul 25, 2015 8:26 AM

You should ask that lawyer, why TPS will create problem in the future. May be he thought that you are going to abandon your F1 status soon as you get TPS. Even though TPS to H1B is not possible without leaving country, may be F1 to H1B is possible with TPS. Last edited: 25-Jul-15 10:32 AM

fuckeetow · Jul 25, 2015 10:31 AM

My understanding of TPS is that you can not change it to H1 status.

basebook · Jul 25, 2015 3:36 PM

@basebook: Werdddd!

s_man23 · Jul 25, 2015 3:38 PM

I was told by a lawyer too, but so far on this matter lawyers have conflicting answers. So take it with a grain of salt.

basebook · Jul 25, 2015 4:09 PM

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