[Show all top banners]

jemaraj
Replies to this thread:

More by jemaraj
What people are reading
Subscribers
:: Subscribe
Back to: Immigration Refresh page to view new replies
 H1B to TPS
[VIEWED 5422 TIMES]
SAVE! for ease of future access.
Posted on 05-18-20 1:57 PM     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

I was on H1-B and recently got laid off. I have TPS and have applied for TPS EAD.

Do I need to do anything before 60 days period to switch to TPS ? I assume it is automatic.
If I find another employer past my 60 days, how different would be the H1B application process?

If anyone has experience/opinion on this, please share.

Thanks,
Jemaraj

 
Posted on 05-18-20 2:24 PM     [Snapshot: 39]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

There is no "switching" to TPS per se. Once you use the TPS EAD, you are on TPS and your H1b is technically gone. But if you wait for another employer and they file timely for your H1b you should be able to continue on your H1b, provided that the petition gets approved. The catch is that once you use TPS EAD, your H1b should technically be violated. But that only happens if you actually report this usage. There is no tracking system to check if you have used TPS EAD.

Once your new employer files for your H1b within the 60 days you should be locked in for being able to maintaining your H1b. I would refrain from using TPS unless absolutely necessary, because TPS has a few disadvantages.
Last edited: 18-May-20 03:54 PM

 
Posted on 05-19-20 11:33 AM     [Snapshot: 308]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Jemaraj,

Since you have TPS, you don't have to worry about your status. Good thing is you can always switch back to H1B whenever you want (Some constraint apply, like staying out of US for more than a year- do some research on this). H1B is for 6 years of time not the time window. I would recommend, if you do not have any dependents, use TPS and once you come to the end of TPS you can switch back to H1B.

Another good thing is you will not be subject to cap. You can use your EAD without any consequence. Using TPS will make your life way more easier since you can work with any employer and change job without any hassle.

No need to panic. go thru this official documents once;
https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-13593/0-0-0-13813.html

Cheers!
Hope this help


 
Posted on 05-19-20 12:02 PM     [Snapshot: 328]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

In this case, I guess it will take some time get TPS EAD, right? Especially in this pandemic, USCIS is closed. Even in normal time, it took 4-5 month for EAD to arrive.

I'm also in H1B (and TPS) and I am anticipating a layoff in the coming months. I'm thinking maybe I should apply TPS EAD now as an insurance.
 
Posted on 05-19-20 2:27 PM     [Snapshot: 395]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Thank you pyackman, captainB and westcoastlad.

Yes, an attorney said the same. I will not worry much about getting back from TPS to H1-B if I get job past the 60 day period. My wife started using EAD for TPS (she was on H4) a while back.

@westcoastlad, I was anticipating a layoff and applied of for EAD on mid-April. Got text on Monday for receipt (3+ weeks) and case status shows card in production as of yesterday. So they are doing it fast.

-Jemaraj.

 


Please Log in! to be able to reply! If you don't have a login, please register here.

YOU CAN ALSO



IN ORDER TO POST!




Within last 7 days
Recommended Popular Threads Controvertial Threads
Travelling to Nepal - TPS AP- PASSPORT
TPS Work Permit/How long your took?
मन भित्र को पत्रै पत्र!
Does the 180 day auto extension apply for TPS?
Another Song Playing In My Mind
NOTE: The opinions here represent the opinions of the individual posters, and not of Sajha.com. It is not possible for sajha.com to monitor all the postings, since sajha.com merely seeks to provide a cyber location for discussing ideas and concerns related to Nepal and the Nepalis. Please send an email to admin@sajha.com using a valid email address if you want any posting to be considered for deletion. Your request will be handled on a one to one basis. Sajha.com is a service please don't abuse it. - Thanks.

Sajha.com Privacy Policy

Like us in Facebook!

↑ Back to Top
free counters