I have a little FAQ excerpt for you. You can find more answers if you google a little bit and thank me later. Question: If an H-1B nonimmigrant obtains an EAD based on his or her TPS, can he or she continue to maintain his or her H-1B nonimmigrant status? Answer: A TPS beneficiary is granted an “open market employment” EAD. This means that the EAD gives him or her unrestricted access to employment in the United States. The fact that an H-1B nonimmigrant is granted this type of an EAD does not cause the alien to violate his or her nonimmigrant status, if he or she continues to act in accordance with the requirements of his or her approved H-1B nonimmigrant petition. However, the nonimmigrant will violate his or her H- 1B status if s/he uses the EAD to engage in employment for a separate employer and leaves the employer listed on the approved I-129 petition.

s_man23 · Jul 26, 2015 3:56 PM

@ S_Man23: Thanks for your quick response. Do you happen to have any detail about my 2nd question ??

Pramod Subedi · Jul 26, 2015 4:17 PM

@Pramod: Questions for you: 1. Do you have a valid H1 visa stamp on your passport? If yes, you don't need Advance Parole to travel. 2. When are you planning to travel?

s_man23 · Jul 26, 2015 4:38 PM

May be this is what you are looking for: Q: I am an H-1B holder, and I have already filed an I-485. Do I need to apply for Advance Parole? A: No, you need not apply. As an H-1B holder, as long as you maintain valid H-1B status before you leave the US, you may try to apply for an H-1B visa to re-enter the U.S. after your travels abroad. When you come back to work for your H-1B sponsoring employer, your I-485 is preserved. If you come back to the US with an Advanced Parole, you are considered to be in parolee status; however, you do not need an EAD to work for your H-1 sponsoring employer. Furthermore you can still apply for an extension of H-1B status or transfer H-1B status to bring you back into H-1B status from parolee status.

s_man23 · Jul 26, 2015 4:47 PM

Are you sure? So, all legal status like f1, opt and h1b can apply for tps and travel legally without an advanced parole document?

Oh_Gaathe · Jul 26, 2015 5:43 PM

We are talking about H1 here. Who said all? If you don't have a valid H1 visa stamp on your passport, you can travel but you need to apply for visa to come back to the U.S. and if that's the case, sometimes they may not give the visa to you and consequently, you will be stuck in Nepal for life. In that scenario, if you have AP, you don't need to apply for visa to come back. However, when you come back, you will be in Parole status and then, you switch it back to H1.

s_man23 · Jul 26, 2015 5:59 PM

@ S_man23: No I do not have visa stamp in my passport and I am planning to travel somewhere around November. I am also planning to appear for visa interview in US embassy of Nepal. As you know there is no guarantee of getting visa stamp from Nepal. So, I'm trying to perp myself for the worsted case scenario. So, If I come back to USA in advance payroll, I can get back to my H1B once I am here in USA right ?

Pramod Subedi · Jul 27, 2015 9:59 PM

@Pramod: That's what I read online but not sure, how you go back to H1 from Parole. You may have to consult a lawyer for that.

s_man23 · Jul 28, 2015 7:26 AM

Good discussion guys. Would be great to hear from someone who consulted a Lawyer too.

maxpayne · Jul 28, 2015 8:27 AM

It looks like you can't get back to H1 from Parole until you renew or extend your H1 but can keep working for your employer until your H1 expires. http://www.trackitt.com/usa-di...

s_man23 · Jul 28, 2015 9:09 AM

maxpayne, to confirm you filed for TPS with EAD this year while still maintaining H1b and were able to refile for h1b from a different employer without being subject go cap or having to go back to Nepal, correct?

mike_tyke21 · Jan 17, 2016 3:04 PM

pramod, were you able to get tps while maintaining your h1b status.

mike_tyke21 · Jan 17, 2016 3:39 PM