TPS while in Perm Audit

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Hi Friends; I got audit in my PERM labor certification. I am thinking of filling TPS to be on safe side. My H1B is expiring in 5 months. I have few questions, please help me providing some information. 1. Are there any complications of having TPS while GC processing through the employer? 2. Can i just file TPS for now and Apply EAD later after 4 months? 3. Which one might be good option; Extending H1B or filling TPS ? Please give me last minute advice so that i can apply TPS this weekend. Thank you.

wavernepal · Dec 10, 2015 10:33 PM · 12,399 views

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HI, 1. Are there any complications of having TPS while GC processing through the employer? NO. TPS dos not affect any previous status. Your H1B status will not be changed. If you PERM is approved and I140 approved (do Premium processing for 15 days decision), then you can extend H1B for another 1 year. find how you can extend H1B for another 1 year, there is a room for you. 2. Can i just file TPS for now and Apply EAD later after 4 months? Its better to file TPS with EAD. You have H1B for 5 months, after that use EAD you got through TPS. It takes 90 days to approve TPS and EAD. So, calculate the best time so that you have EAD through TPS if H1B expire. 3. Which one might be good option; Extending H1B or filling TPS ? BOTH. Since TPS application deadline is coming soon, do not waste time.

neerman · Dec 11, 2015 9:06 AM

Thank you so much Neerman for your suggestions. All your answers are perfect and i decided to apply for TPS by tomorrow. Appreciated for your time. Enjoy the Holidays!! Cheers !!!!

wavernepal · Dec 11, 2015 8:56 PM

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