Posted by: neerman July 1, 2016
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torilahuredai is right.
TPS Vs. H4: You can not have dual status active. If your TPS is approved, then your current active status is TPS and H4 is on hold, even if you have not used your EAD. Once TPS expires , you will back to H4 status (provided H1B is valid. Anything happens to H1B status affects H4 as H4 by itself is dependent on H1B validity).
GC through H4 or TPS:
You can not file GC through your H4 status as your status is dependent. Only your primary H1B status holder (spouse) can file green card and once I-140 is approved, then he/she can file I-485 together (again your GC is based on your spouse's H1B, not through your H4 status). With H4 status, you are not allowed to work legally (I do not know if any rules amended for H4 eligible to work).
So, being in TPS with valid EAD, you can work legally and your sponsor company can file the GC for you.
Filing GC through either H1B or TPS need sponsoship as mentioned in the USCIS statement. It states-you will not, by default, get a green card from TPS, BUT, you can get a GC from TPS if you get sponsored by a US employer.
TPS Vs. H4: You can not have dual status active. If your TPS is approved, then your current active status is TPS and H4 is on hold, even if you have not used your EAD. Once TPS expires , you will back to H4 status (provided H1B is valid. Anything happens to H1B status affects H4 as H4 by itself is dependent on H1B validity).
GC through H4 or TPS:
You can not file GC through your H4 status as your status is dependent. Only your primary H1B status holder (spouse) can file green card and once I-140 is approved, then he/she can file I-485 together (again your GC is based on your spouse's H1B, not through your H4 status). With H4 status, you are not allowed to work legally (I do not know if any rules amended for H4 eligible to work).
So, being in TPS with valid EAD, you can work legally and your sponsor company can file the GC for you.
Filing GC through either H1B or TPS need sponsoship as mentioned in the USCIS statement. It states-you will not, by default, get a green card from TPS, BUT, you can get a GC from TPS if you get sponsored by a US employer.