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Few Questions Regarding TPS

Original Post

I am currently working on my extended OPT which will expire this year in July. Recently I got my TPS and EAD approved. My employer is willing to file for either my H1 or GC. 1) Can I file for GC while I am on TPS? What happens if TPS expires in December and my GC process is still pending? 2) Or, should I ask my employer to first file for H1. And file for GC, if I get H1. 3) Do I have to maintain my status(F1, after July) once my OPT expires, while I am on TPS? Suggestions would be really appreciated :)

newarketa
Jan 5, 2016 9:03 AM · 16,592 views
4 Replies
Deke Jan 5, 2016 9:33 AM
TPS is just a protective blanket for your current status. you can ignore it and proceed with gc file or whatever you want to do. after december you will be status less if you wont have a gc or an h1 status. i would encourage to go for option 2. how can you mantain f1 once opt expires, more so after your extended opt. go for option 2. my suggestion.
newarKeta Jan 6, 2016 12:29 PM
newarKeta Jan 7, 2016 12:37 PM
any other suggestions?
Ruben123 Jan 7, 2016 1:48 PM
I am not sure if you can change your status while being on TPS (without adjustment of status process). Once you are out of your legal status (say F-1) and decide to use the TPS - EAD after your current OPT extension ends, you have to file for adjustment of status to be back on F1 status. I believe, this status adjustment process applies to any change in status (say GC) coming from TPS. **This is what I understand from my friends and reading the comments online. Experts, please correct me. However, if you want to play safe, there might be a 4th option.
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