Posted by: ohio August 19, 2015
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Hi karnali9,
You raised the good topic. I had the same question in my mind. I am in H1B and applied TPS with EAD after consulting with lawyer. Lawyer explained me- As long as you maintain your H1B Status you can apply for TPS with EAD.
Lawyer Response:- "H1-B is a status that authorizes you to work, but it is not an employment authorization document. I see no legal reason why you couldn’t be in H1-B and also hold an EAD based on TPS."
I was with employer A when I filed my TPS, in the mean time I changed my employer with regular H1 Transfer process. I applied for TPS with EAD since H1B is a temporary work visa.
Bottom Line: You can apply for TPS with EAD while in H1B but do not use your EAD until and unless it is required. Take EAD and continue maintaining your H1B. The reason behind requesting EAD is you do not have to wait for another 3 months in case you need it in future.
You raised the good topic. I had the same question in my mind. I am in H1B and applied TPS with EAD after consulting with lawyer. Lawyer explained me- As long as you maintain your H1B Status you can apply for TPS with EAD.
Lawyer Response:- "H1-B is a status that authorizes you to work, but it is not an employment authorization document. I see no legal reason why you couldn’t be in H1-B and also hold an EAD based on TPS."
I was with employer A when I filed my TPS, in the mean time I changed my employer with regular H1 Transfer process. I applied for TPS with EAD since H1B is a temporary work visa.
Bottom Line: You can apply for TPS with EAD while in H1B but do not use your EAD until and unless it is required. Take EAD and continue maintaining your H1B. The reason behind requesting EAD is you do not have to wait for another 3 months in case you need it in future.