I am in a dilemma over my situation.
I am J1 and my spouse is J2. Hence both of us have work permit and working. But this status is going to end soon in couple of months. I have been offered a job at an institute and is ready to sponsor me with H1B (also H4 for spouse). Cap-exempt ma parcha. As we all know H4 ma kaam garna paudaina bhanera. H1/H4 ko process hudaicha but USCIS ma documents pathaisakeko chaina. Does it make sense that my spouse who in the future will have H4, can apply for TPS/EAD by ourself before H4 and then my new employer will apply for H4. Will there be any problem at any time in the future?
Kasto Ghammad Situation Bhanya.
Any suggestion or ideas other than what I am thinking would be highly appreciated.
As H4 > your spouse can't work unless you:
1) Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
2) Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.
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However, one can apply for TPS regardless of current immigration status (as long as you are continuously present in US since 06/24/2015).
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with approved TPS (assuming one also applied for EAD), one can LEGALLY work regardless of immigration status.
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That being said, your spouse can apply for TPS. Get EAD. Start working.. File H4.
H4 and TPS will not create any issue in future. It's not ghammad.. make best of it.
Thanks guchcha chor
So you are implying that there would be no problem while applying for H4 when my spouse TPS/EAD are approved or pending. Is that right?
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