H1b to tps will it affect my eb3 process

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Hi folks, I am having a difficult situation here. My desi consultancy applied for Eb3 PERM while I am in h1b. During this PERM approval process my contract ended and I am in bench for 4 months now. My desi consultancy is asking me to apply for TPS EAD so that they don't have to run my payroll. I applied for TPS EAD but it is still pending. Yesterday, I got a message from my employer that my Labor is approved. My question is will the H1b-to-TPS EAD affect my i140 and i485 process. However, my H1b is still active they haven't revoked it yet. Any suggestions?

HappySingh · Jun 19, 2016 5:22 PM · 14,154 views

4 Replies

call lawyer. you don't want to get misinformation from us.

dolphin · Jun 19, 2016 7:11 PM

Since your TPS and EAD is pending, you can withdraw it anytime but again are you sure that your company has a good success record of I-140 approval. If you are confident about the I-140 approval, then withdrawing TPS and EAD is the best option. You will be in problem if your TPS-EAD is approved before I-765 (EAD through GC ). So, better talk with the company lawyer and also get second opinion through your own lawyer. Get 30 mins legal service from any good immigration lawyer. Since TPS is involved, talk to Nepali Lawyer in New York. They know better about TPS-H1B-GC situation.

neerman · Jun 20, 2016 7:54 AM

I do not think there would be issue from H1-b to TPS to GC. I do not think TPS will affect your I-140, I-765 or I-131 applications. In my case, all these applications are approved. I am just waiting for approval of I-485.

quicksiler · Jun 20, 2016 9:50 AM

I do not think TPS will affect your I-140, I-765 or I-131 applications

Manko Sathi · Oct 15, 2019 8:11 AM

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H1b to tps will it affect my eb3 process

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