Posted by: karnali9 August 18, 2015
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Has Anyone apply for TPS without requesting EAD card?
We know that i-765 form is mandatory to fill while applying for TPS. I-765 form is also know as Application for Employment Authorization form.
The reason I am raising this question is related to people currently active with H1B status.
H1B status is strong status and we don't want to screw it up due to TPS. However, it will be best if we can keep TPS as backup without affecting your H1B status.
Now, the question is how do we keep TPS status without impacting H1B.
Here is the article released by USCIS in response to syrian applicant:
http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/March%202012/TPS_Syria_QAs_03-29-12.pdf
following is an extract from same article:
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.
Final conclusion note: I think It is possible to keep both h1b and tps without impacting h1b as long as we take care following two points:
1. as long as you only work with the same employer who filed your h1b.
2.While applying for tps, do not request for EAD.
I am not sure if anyone has followed this path and applied for TPS without requesting EAD. If anyone has done that, please share your experience with us.
We know that i-765 form is mandatory to fill while applying for TPS. I-765 form is also know as Application for Employment Authorization form.
The reason I am raising this question is related to people currently active with H1B status.
H1B status is strong status and we don't want to screw it up due to TPS. However, it will be best if we can keep TPS as backup without affecting your H1B status.
Now, the question is how do we keep TPS status without impacting H1B.
Here is the article released by USCIS in response to syrian applicant:
http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/March%202012/TPS_Syria_QAs_03-29-12.pdf
following is an extract from same article:
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.
Final conclusion note: I think It is possible to keep both h1b and tps without impacting h1b as long as we take care following two points:
1. as long as you only work with the same employer who filed your h1b.
2.While applying for tps, do not request for EAD.
I am not sure if anyone has followed this path and applied for TPS without requesting EAD. If anyone has done that, please share your experience with us.