Posted by: ny2 September 13, 2015
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@sajha keto
1) But, If I apply for TPS (Its already september, not sure I can get approval by the end of November), maintains H1B and go to Nepal in November-December, Do I need to appear for Visa interview along with wife?
If you want to come back on H1 status, you have to appear for interview and get h1 visa. If you don't appear for interview to get H1 Visa and rather come back on TPS AP, your h1 status becomes invalid. I am basing this on the fact that if you apply for TPS EAD while you are on H1 and start using EAD for your employment, your existing h1 will be invalid from that point. Another fact to support this is, If you are on H1 and have AP/EAD with pending employment based i485 and you travel and enter US on AP (not on H1), your H1 will be invalid from that point and you have to start working on EAD.
2) If I dont need to appear, Can she appear for H4 as my H1 will be active though I will have tps too?
She can definitely appear for h4 but as i said, if you don't appear for interview, your return on TPS AP will nullify your h1 status.
3) What would be the best solution in this scenario?
Apply for TPS and just keep it as back up. After getting married you both show up for interview, get h1 for you, h4 for your wife and travel on H visas and do not use TPS AP for travel.
4) Is someone in same boat? (I know I have other 3 friends in same) and already applied for tps?
I am definitely not in the same boat. Just some suggestions.
1) But, If I apply for TPS (Its already september, not sure I can get approval by the end of November), maintains H1B and go to Nepal in November-December, Do I need to appear for Visa interview along with wife?
If you want to come back on H1 status, you have to appear for interview and get h1 visa. If you don't appear for interview to get H1 Visa and rather come back on TPS AP, your h1 status becomes invalid. I am basing this on the fact that if you apply for TPS EAD while you are on H1 and start using EAD for your employment, your existing h1 will be invalid from that point. Another fact to support this is, If you are on H1 and have AP/EAD with pending employment based i485 and you travel and enter US on AP (not on H1), your H1 will be invalid from that point and you have to start working on EAD.
2) If I dont need to appear, Can she appear for H4 as my H1 will be active though I will have tps too?
She can definitely appear for h4 but as i said, if you don't appear for interview, your return on TPS AP will nullify your h1 status.
3) What would be the best solution in this scenario?
Apply for TPS and just keep it as back up. After getting married you both show up for interview, get h1 for you, h4 for your wife and travel on H visas and do not use TPS AP for travel.
4) Is someone in same boat? (I know I have other 3 friends in same) and already applied for tps?
I am definitely not in the same boat. Just some suggestions.
Last edited: 13-Sep-15 08:28 PM