I was on J1 and my wife was on J2. Our J1/J2 status expired in August/2012

While still on J1/J2 status (in May/2012) we both applied for TPS (teporary protected satus) as citizens of Syria. Both approved in Dec/2012. My approval came as I-797A with I-94 valid Dec/2012 through Sep/2013 (the expiration of TPS for Syria) and my wife'sapproval came as I-797 without I-94 although the letters otherwise were identical (both mentioned: you won't be removed from the US. and : you are considered as being and maintaining nonimmigrant status)

In April/2012 I obtained a hardship waiver from the two years home country condition.

In June/2012 my employer filed an petition on my behalf for a cap exempt H1b. The decision came as approval for the H1b classification but referred for consular processing (considered inelegible for change of status in the US since I was on J1). The USCIS notice mentioned that they sent a notification to the consulate of Amman to speed the process.

1. Can my employer resubmit a petition for H1b since I'm no longer on J1 (currently on TPS), or the decision is expected to be the same as the first time (for consular processing)?

2. How long does it take to get an advance parole on TPS? If I apply for H1b in an abroad consulate and it is denied or takes long (citizen of Syria, my DHS clearance in the past took 2 months), is it safe that I'll be able to reenter the US on advance parole?

3. The USCIS sent a notification to the consulate in Amman. Will that speed the clearance process or the clearance doesn't start until after the interview?

4. Can I go to Canada or Mexico instead of Amman for the consular processing.

5. Any explanation why my wife got TPS approval without I-94?

If you file for TPS for your H4 spouse, she is allowed to work.

I am sure, she can work but I am not sure what will be her status, H4 or TPS. When TPS ends, not sure her status, out of status or H4 back.

I will ask my office lawyers and get the details. I think even if you get out of H1b to obtain TPS they can get you back on remaining H1b time. Thanks.

दिल ये बेचैन वे, रस्ते पे नैन वे
जिन्दड़ी बेहाल है, सुर है ना ताल है
आजा सांवरिया आ आ आ आ
ताल से ताल मिला हो..
ताल से ताल मिला

From what I've understood, TPS itself is not a status. So, if your wife is on H4 and apply for TPS, she is not subjected to removal and can obtain work authorization, and she would still be on H4. Hope this makes it clear.