H1B and TPS

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I am currently working in OPT. I have applied for TPS and EAD based on TPS as my DSO told me that I could register for TPS while in F1. Now, my H1B is selected in lottery, but the company lawyer has asked to withdraw the application. My understanding was that I could register in TPS while having H1B. Is anyone here applied for TPS while in H1B?

punarwas · Apr 28, 2016 1:46 PM · 11,842 views

3 Replies

Yes, you can.. TPS is back up not replacement.. Ask your company attorney to update his knowledge or read the law carefully.. No need to withdraw TPS.

edipre · Apr 28, 2016 3:09 PM

No need to withdraw TPS. Keep TPS with EAD as backup. You can continue working under H1B cap. If lay-off happens and you do not enroll withing 240 days, you are out of status. That time TPS will save you. So, tell lawyer that TPS need not be withdrawn and it does not harm the H1B status.

neerman · Apr 28, 2016 3:25 PM

( Keeping  TPS with EAD as back )while you are on H1B or any category status might be not good recommendation in my Opinion based on the research i did, it might jeopardize the H1B or in any other status. But again I will not be able to confiirm you 99.9999..% sure with that. let me know. Last edited: 28-Apr-16 08:58 PM

nepali8 · Apr 28, 2016 8:58 PM

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