Posted by: jemaraj September 7, 2021
TPS + AOS based on EB2 + travel
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Hello Sajha,
I have following situation and seeking your suggestions/experience sharing.
1. I am on H1-B and have maintained TPS continuously.
2. My wife has been using TPS EAD (with H4 pending)
3. I am filing AOS based on EB2-NIW (approved).

I am planning to travel to Nepal in next 6-9 months and have following confusion regarding travel.

I am applying for AP with 485 application. If I intend to keep H1-B as primary status and TPS (hopefully it gets extended) as back up until 485 gets approved, what is the best way to travel?

I got few suggestions saying get AP from 485 + get visa stamping and use it for coming back.
Do I need to apply for separate AP based on TPS if I want to keep TPS?
AP application does not say it, but AP document states based on which underlying application (TPS or AOS) it is approved. Also, AOS AP has no fee and TPS AP has filing fee.

Or I should just disregard TPS and follow common H1-B/ AOS travel process? It's bit confusing and will be seeking lawyer consultation soon. Please share if you had similar situation or any suggestions.

-Jemaraj
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