H1 Pending and CAP GAP Expiring

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Hello everyone,

I have recently responded to my H1B RFE. My company delayed in responding to RFE. My cap gap is expiring on end of this month. But I do have TPS from last year and new TPS application is still pending. I would like to know
1. If I can still work from Oct1 onward if my H1B is still pending?
2. Is it safe to switch to TPS EAD until my H1B gets approved and then switch to H1B afterwards?

Someone been in similar situations could help answer it?

Thanks

ajoshinp

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U can work

Slazz11

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Even i'm on the same boat .... Im not sure if I need to maintain my F1 because my H1B was filed as Change of Status....Im planning to join another College and work on my TPS EAD until this gets sorted out.....Anyways H1B premium processing is out of option till Feb 19, 2019 and even if H1B gets rejected u'll still be on your F1 status.

sdhungel

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@Slazz11, thanks for sharing your situations. I am thinking about joining college for getting CPT. Did you already enroll to a college? Will you continue to work after Oct1 or join college first and then continue work?
My H1B was also filed with COS. I hope things goes well with it.

Slazz11

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@sdhungel bro I would not get CPT but work on TPS EAD....getting CPT is very risky specially on same level masters......if you have TPS EAD you can use it while taking one semester study ....i'm planning to enroll next month but ill be using my TPS EAD to work

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