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 About H1b and TPS ead!!!
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Posted on 11-17-16 9:27 PM     Reply [Subscribe]
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Hi I am currently in H1b status this year. I have also applied for TPS ead. Can I work in TPS ead while being in H1b status or will there be any issues in the process of GC in further? Thank you
 
Posted on 11-17-16 9:50 PM     [Snapshot: 21]     Reply [Subscribe]
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I had the same question, but haven't got any reliable answer.
 
Posted on 11-18-16 9:05 AM     [Snapshot: 111]     Reply [Subscribe]
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HI,
As long as you are in valid H1B, do not use TPS EAD and remain in H1B with TPS as backup.
TPS will provide you to maintain status if, just in case, you are lay-off from company or fired. You know that your status will be gone if company( who sponsored your H1B) terminate your job right? in that situation, your TPS with protect you.

However, H1B is better that TPS EAD to work because TPS is temporary and does not provide any status. So, use TPS EAD only if your H1B is expired.

I would suggest filing GC through H1B if you have valid H1B for another 2 years. Once your I-140 is approved (if you consumed your H1B for 6 years by then), then you can extend H1B for another 1 year before your 485 will be approved.

So, there are lots of room to play for you to play. It depends on what you want to do and how you want to do. Do it on time and be safe. Good Luck.
 
Posted on 11-18-16 10:26 AM     [Snapshot: 138]     Reply [Subscribe]
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Why use TPS EAD if you're on H1B? Your should try to file GC through H1B as fast as possible...afno H1B nabhayera F1 wa TPS bata file garne plan chaa....bro H1B paye ta uhile file garthey GC ma...use TPS as a backup when you have no other options left
 
Posted on 11-18-16 1:45 PM     [Snapshot: 184]     Reply [Subscribe]
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Thank you neermam for the suggestion. Really appreciated.
 
Posted on 11-18-16 10:22 PM     [Snapshot: 248]     Reply [Subscribe]
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Good post from neerman. Spot on. You will violate H1B if you use your TPS EAD card to work somewhere while still on H1B. But you can keep the EAD card with you as a backup without issues. If you have H1B time left (2 years at least as neerman suggested) apply for GC from it. Even if you want to switch employers, try doing it via H1B still. If you want to switch to something completely different from what you are doing currently, then an H1B transfer may not be possible/allowed and you can switch to using the TPS EAD. Consult a good lawyer in this case.
One jhanjhat of being on TPS -> you cannot travel outside the country as smoothly as you can on H1B. You can via advanced parole but it has to be need/emergency-based and it can be restrictive time-wise. Also you will have to wait for them to approve, may have to provide evidence of urgency, etc. So stick to H1B if you have at least 2 years remaining. Nepal ko GC process current nai hunuparne ho.
 
Posted on 11-22-16 7:38 PM     [Snapshot: 422]     Reply [Subscribe]
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Thank you for the suggestions everyone. But my real question is that, I will be full time in H1B maintaining its requirement. Can I work in TPS ead in weekends or for the part time job? Will it violate the H1b status for will have any issues in GC process later?
 
Posted on 11-22-16 8:07 PM     [Snapshot: 430]     Reply [Subscribe]
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Hi there, did your TPS application go through? Had you applied for TPS before? I am on H1B and applied as late inital filing but got rejection letter instead. Apologies that I'm posting a question rather than answering your question--but i find my situation quite similar to yours. Thank you.
 
Posted on 11-24-16 2:55 PM     [Snapshot: 508]     Reply [Subscribe]
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Yes I am in H1b currently and I have tps too. Also I have applied for tps ead this time hope it will get approved.
 
Posted on 11-25-16 10:38 PM     [Snapshot: 614]     Reply [Subscribe]
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http://akimmigration.com/syriaTPS-USCIS-FAQ.pdf

See the last question answer from the USCIS document in the above link.

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.

 
Posted on 12-22-16 9:55 AM     [Snapshot: 891]     Reply [Subscribe]
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I am on H1b. Last year when I filed TPS i was in F1.

Can I renew my TPS? Do I need to send photos with the application packet ? I dont want EAD.

Also what eligibility criteria do I fill in I-765???
 


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