Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Applying for TPS EAD while on H-1B

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Applying for TPS EAD while on H-1B

    Background:
    • I'm currently on H-1B which will expire in about 5 months.
    • My employer has also filed PERM, but the issue is that we don't know if I'll have both my PERM and I-140 approved in time.
    Questions:
    Is it okay for me to apply for TPS along with EAD? This is to be able to continue working for my employer with EAD in case my H-1B expires without I-140 approval.
    At the same time, I don't want it to negatively impact my PERM and I-140 applications.

    Thanks for taking the time!

  • #2
    Is your country currently on TPS? TPS is not given to individual. You country had to be designated and you apply at a specific deadline. I was on H1, then switched to TPS while waiting for a GC through my Dad. I just have my interviewed and supposed to receive my GC soon. I have been on TPS since 2010
    05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
    05/13 Rejected due to lack of I-864
    05/27 resubmitted with explanation
    06/03 Rejected again-same reason
    06/13 Resubmitted with I-864
    07/07 Lockbox emailed back and ask to resubmit
    07/09 Filings accepted with PD 05/08/20 (nice)
    08/06 Prior biometrics applied to I485
    08/28 Took biometrics for I-765 only
    09/28 I-765's Cards Ordered
    10/02 EAD/AP received
    04/12 Interview Sched
    05/11 Interview done approval on the spot but no USCIS update online

    Comment


    • #3
      Yes, my country is under TPS. What's unclear is how applying for EAD can affect my pending PERM and I-140.
      If it doesn't have complications, I should be good.

      Comment


      • #4
        Applying for EAD is not your problem. Even though your country is under TPS, you cannot just apply for it. You would have to be in the country when the Citizen of your country was allowed to apply for TPS. In addition, you would need to prove why you did not apply originally.

        For instant, I am from Haiti. I was F1, then H1B and TPS but I changed to TPS before my H1 expired because TPS is better than H1. You would be better off talking with skill attorney who understand both TPS and PERM.

        With TPS, you don't just get EAD, you get you TPS approval first, then EAD. Most people who are on TPS these day don't have a current EAD because TPS was canceled by the Trump admi. TPS is on the court system. This is why people are allowed to stay by extension ( not included Syria and Venezuela)
        05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
        05/13 Rejected due to lack of I-864
        05/27 resubmitted with explanation
        06/03 Rejected again-same reason
        06/13 Resubmitted with I-864
        07/07 Lockbox emailed back and ask to resubmit
        07/09 Filings accepted with PD 05/08/20 (nice)
        08/06 Prior biometrics applied to I485
        08/28 Took biometrics for I-765 only
        09/28 I-765's Cards Ordered
        10/02 EAD/AP received
        04/12 Interview Sched
        05/11 Interview done approval on the spot but no USCIS update online

        Comment


        • #5
          I've been on H-1B for years. TPS for my country was granted a couple months ago. It seems like TPS is a better option right now.
          I'll also check with an attorney.

          Thanks for your help.

          Comment


          • #6
            Then, you must be from Venezuela. Yes, TPS is way better than H1B and you don't even have to tell your employer that you have changed your status. TPS allows you to have more freedom. I was on H1b for 6 years when I changed to TPS and I cannot complain and I have been on TPS for almost 12 years now. You go ahead and file your TPS form I-821 along with a new I-765 with proof of your current status.

            Make sure you talk to an immigration attorney that has knowledge of both TPS and PERM. When I filled for TPS, I had an approve PREM from DOL as well. I did not need an attorney as my employer did not continue to process due to bankruptcy filing. Good Luck!
            05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
            05/13 Rejected due to lack of I-864
            05/27 resubmitted with explanation
            06/03 Rejected again-same reason
            06/13 Resubmitted with I-864
            07/07 Lockbox emailed back and ask to resubmit
            07/09 Filings accepted with PD 05/08/20 (nice)
            08/06 Prior biometrics applied to I485
            08/28 Took biometrics for I-765 only
            09/28 I-765's Cards Ordered
            10/02 EAD/AP received
            04/12 Interview Sched
            05/11 Interview done approval on the spot but no USCIS update online

            Comment

            {{modal[0].title}}

            X

            {{modal[0].content}}

            {{promo.content}}

            Working...
            X