Apply TPS without requesting EAD card
Has Anyone apply for TPS without requesting EAD card?
We know that i-765 form is mandatory to fill while applying for TPS. I-765 form is also know as Application for Employment Authorization form.
The reason I am raising this question is related to people currently active with H1B status.
H1B status is strong status and we don't want to screw it up due to TPS. However, it will be best if we can keep TPS as backup without affecting your H1B status.
Now, the question is how do we keep TPS status without impacting H1B.
Here is the article released by USCIS in response to syrian applicant:
http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/March%202012/TPS_Syria_QAs_03-29-12.pdf
following is an extract from same article:
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.
Final conclusion note: I think It is possible to keep both h1b and tps without impacting h1b as long as we take care following two points:
1. as long as you only work with the same employer who filed your h1b.
2.While applying for tps, do not request for EAD.
I am not sure if anyone has followed this path and applied for TPS without requesting EAD. If anyone has done that, please share your experience with us.
While on H1B, you can apply for TPS with EAD but do not use the EAD and continue working on H1B. If you change the employer with H1B, you have no problem if you transfer your H1B to new employer but never use EAD. Once you use EAD, then you violate the H1B work authorization.
Context: If your job is terminated, your H1B also terminate and you are out-of-status immediately.So in that situation, your TPS will protect your status and work under EAD.
I do not know if there is any grace period for H1B if your job is terminated, if there is any, you can look for another job and transfer the H1B.
So TPS with EAD gives you benefit if you face such situation.
Thanks Neerman for your reply.
I think its always best to have backup status for h1B people since H1b status is totally dependent on the job. In case of bad economy or bad job market, the status will be terminated as soon as you will get layoff from the work.
I wasn't sure if you can get EAD through TPS without using it and keep your H1b status without impacted. If you don't mind, can you tell us the source of this information. Did you find this information on internet through research or through any lawyer?
Hi karnali9,
You raised the good topic. I had the same question in my mind. I am in H1B and applied TPS with EAD after consulting with lawyer. Lawyer explained me- As long as you maintain your H1B Status you can apply for TPS with EAD.
Lawyer Response:- "H1-B is a status that authorizes you to work, but it is not an employment authorization document. I see no legal reason why you couldn’t be in H1-B and also hold an EAD based on TPS."
I was with employer A when I filed my TPS, in the mean time I changed my employer with regular H1 Transfer process. I applied for TPS with EAD since H1B is a temporary work visa.
Bottom Line: You can apply for TPS with EAD while in H1B but do not use your EAD until and unless it is required. Take EAD and continue maintaining your H1B. The reason behind requesting EAD is you do not have to wait for another 3 months in case you need it in future.
@karnali9, your own post of Q/A on Syrian TPS justifies neerma's statement that you can apply for EAD without affecting H1b as long as you don't use that EAD. On that Q/A, the USCIS says "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".
@ohio, Thank you so much for sharing your experience regarding the TPS and H1b status. I also thought that applying TPS will not impact the H1b as long as we maintain its requirement. Now i feel more confident on apply for TPS after hearing your experience.
@Ny2, Thanks for your participation. The article i posted from USCIS is definitely stating that having TPS will not impact h1b, however the reason i posted a question on sajha was to check if someone would share the experience like @ohio regarding their h1b in parallel to tps.
---Sharing is caring----- Thanks !
We all are having good discussion here, let's find out one more information. If you need to travel to Nepal after your TPS has been approved and you are maintaining your H1B status, do you have to get Advance Parole or you can travel on your valid H1b. There might be two scenario here.
1. TPS approved with Valid H1b without Stamping and planning to go for Stamping.
2. TPS approved with Valid H1b with Stamping completed and going for a visit.
I believe we must apply for AP if we need to travel outside US despite valid H1B.
@ohio
My thoughts...
2. If one had valid H1b with stamping completed, one can easily travel back and forth with h1b visa, no need of AP or no need to use AP even if one has AP.
1. If one has valid H1b without stamping and used AP during travel,
In this case, if the person uses TPS AP to travel back, will it affect H1B? I am comparing this with the case when people have EAD/AP during GC process from employment (pending i485) while they are in H1B. If they use EAD, their H1B will be considered cancelled. If they have AP but use H1b visa during travel, H1b is not affected. But even if they don't use EAD but travel on AP and not on H1b visa, H1B is considered cancelled and they have to start using EAD.
Is it similar in this case? If using TPS EAD violates H1B status, does using TPS AP violate H1B status? I believe so but not sure.
"as long as you only work with the same employer who filed your h1b."
If I transfer my H1b from company A to Company B, and apply for TPS afterward, is there any issue?
You can maintain both H1B and TPS at the same time as long as you don't travel out of the US. Whenever you leave US, you will have to choose only one status. If you use your H1B visa, then you will lose TPS and if you use AP, you will lose H1b. So, you are planning to have both H1B and TPS, don't go out from the US.
AP is required for TPS traveller however it will affect your H1B status.
@ Lamps,
It should not affect because you are following all the procedures of H1B during transfer too. Transfer is just the term but it is actually filing a new H1b the only difference is you do not have to wait for quota.
The only thing you need to consider is when you have TPS EAD and H1b- your h1b will be voided if you use TPS EAD. But you can transfer from Employer A to B at any point after TPS too as long as you follow H1b regulations. It is possible that your employer can change during TPS too right?
Late in the party, but I think YES ...what ever status you are on , TPS is just a protected status that protects you from being deported and gives you privileges to work / travel.
As long as you maintain your original status you should be fine.
Regarding the EAD mix up such as H1b / OPT/ TPS -- I think it depends. If your Employer does I9 verification I would not use the EAD from TPS. Some places just want to see you EAD card and SSN. For those I think you are fine.
Nice discussion going on. Anyone else who wants to share their experience regarding tps while working under h1b employer ?
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