Posted by: neerman October 27, 2015
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No one can hold dual status.
case-1 : H1B expiring soon
If you are in H1B status and applied for TPS and EAD, If your H1B expires or about to expire, then your TPS with EAD will backup your status and you have to change your status to any other status like F1, F2, H1B or H4 or Green Card before TPS expires on Dec 24, 2016.
case-2: H1B valid beyond Dec 24, 2016
If your H1B is valid beyond Dec 24, 2016; then I see no point in applying for TPS/EAD. or may be you want to have a backup plan if you are loosing a job, then TPS gives you safe landing alternative.
case-1 : H1B expiring soon
If you are in H1B status and applied for TPS and EAD, If your H1B expires or about to expire, then your TPS with EAD will backup your status and you have to change your status to any other status like F1, F2, H1B or H4 or Green Card before TPS expires on Dec 24, 2016.
case-2: H1B valid beyond Dec 24, 2016
If your H1B is valid beyond Dec 24, 2016; then I see no point in applying for TPS/EAD. or may be you want to have a backup plan if you are loosing a job, then TPS gives you safe landing alternative.
Travelling outside using Advance Parole of TPS
If you use Advance Parole based on the TPS, then your H1B status will not be valid anymore. Like I said earlier , you can not use dual status. You can travel in H1B , do stamping (means renew visa) and come back. Your question is if Visa is not renewed, you are stucked and want to use Advance Parole of TPS to re-enter US , right ? I do not think its going to work this way.
Last edited: 27-Oct-15 08:45 AM