[Show all top banners]

need_advise
Replies to this thread:

More by need_advise
What people are reading
Subscribers
:: Subscribe
Back to: Immigration Refresh page to view new replies
 Can individual on TPS can adjust to status to H1B?
[VIEWED 15708 TIMES]
SAVE! for ease of future access.
Posted on 03-02-18 11:33 AM     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

I am looking to change my status from TPS to H1B? IS it possible? If it is what i need to do ? thank you.
 
Posted on 03-02-18 8:43 PM     [Snapshot: 204]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Yes its possible. Your employer has to file for your H1B and USCIS has to approve your case. For best option, even after H1B selected and approve, renew your TPS for a backup plan.
 
Posted on 03-02-18 8:59 PM     [Snapshot: 219]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

You may or may not be able to apply for a “change of status” from TPS to H1B and in fact, TPS isn't always a good thing. “Change of status” requires that the applicant currently possesses valid immigration status. TPS is not a valid immigration status.

If you entered the US with some valid immigrant status, say F1 for example, then applied for and was granted TPS and stoped maintaining your F1 status (e.g by stop attending classes), you are considered out of status. By right, at this point you can be subject to deportation but because of TPS, your deportation is deferred for the duration of your TPS. You cannot change into any valid immigration status like H1B anymore.

On the other hand, if you have been maintaining the underlying F1 status while your TPS is active, you can switch to any other immigration status that you qualify for and still retain your TPS if it hasn't expired.

The moral of the story is that TPS should be your last resort: by all means apply to get it if you're eligible but try not to use it as your only way to stay in the country. Always maintain some other valid immigration status.

 
Posted on 03-02-18 10:18 PM     [Snapshot: 271]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

@s001, did you get the information from some credible source?
I am also on TPS and I was in the same dilemma. I then contacted my attorney and PDSO at my college and they said TPS is also a valid status and we can request for change of status to F1 or any status when TPS ends.

I posted more details here.
http://sajha.com/sajha/html/index.cfm?forum=55&ThreadID=124317
 
Posted on 03-02-18 10:55 PM     [Snapshot: 316]     Reply [Subscribe]
Login in to Rate this Post:     1       ?     Liked by
 

One of my friend was on F1 and filed for TPS. His F1 got expired when he was on TPS. Then applied H1b, went Nepal for stamping and came back on H1B without any issues (he also took AP while traveling out of country just to be on safe side). He has also kept his TPS active by filing for extension.
So, the bottom line is you can change to H1B from TPS.

In my case, I was on F1 --> H1B --> H1B+TPS --> GC --> No issues
My spouse: H4 --> only TPS --> GC --> No Issues
 
Posted on 03-03-18 11:55 PM     [Snapshot: 529]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Hey broo i have a few question ,,how can i reach you
 
Posted on 03-04-18 2:09 PM     [Snapshot: 666]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Yes, switching to another legal status (H1B, GC) from TPS is allowed by the law if you find a sponsor and meet the criteria for that status, as long as you were NOT out of status for more than 6 months before you had TPS. It is written in USCIS literature and not a personal assumption.

You will not be allowed to adjust status for permanent residency without exiting the US for certain number of years (3-year bar or 10-year bar depending on how long you were OOS) if you were out of status before TPS.

More than 6 months but less than 1 year OOS = 3-year bar
More than a year OOS = 10-year bar
Last edited: 04-Mar-18 02:10 PM

 
Posted on 03-04-18 11:57 PM     [Snapshot: 771]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

@torilahuredai so that means.. as long as one was in status while TPS was applied but not necessarily during TPS period( one can lose F1 OR H1B during TPS) can later adjust status to GC or H1B without leaving the country.
 
Posted on 03-05-18 12:04 AM     [Snapshot: 782]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

My spouse adjusted her status from TPS to GC without leaving the country.
 
Posted on 03-10-18 8:42 PM     [Snapshot: 1145]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

@samrock - that is correct
 


Please Log in! to be able to reply! If you don't have a login, please register here.

YOU CAN ALSO



IN ORDER TO POST!




Within last 200 days
Recommended Popular Threads Controvertial Threads
शीर्षक जे पनि हुन सक्छ।
NRN card pros and cons?
What are your first memories of when Nepal Television Began?
TPS Re-registration
Democrats are so sure Trump will win
is Rato Bangala school cheating?
Basnet or Basnyat ??
nrn citizenship
Sajha has turned into MAGATs nest
Nas and The Bokas: Coming to a Night Club near you
डलराँ कमाएर ने .रु मा उडांउदा !@#
ChatSansar.com Naya Nepal Chat
डीभी परेन भने खुसि हुनु होस् ! अमेरिकामाधेरै का श्रीमती अर्कैसँग पोइला गएका छन् !
3 most corrupt politicians in the world
if you are in USA illegally and ask for asylum it is legal
Returning to Nepal with us citizenship. Property ownership
Top 10 Anti-vaxxers Who Got Owned by COVID
आज बाट तिहारको सेल सकियो
निगुरो थाहा छ ??
Do nepalese really need TPS?
Nas and The Bokas: Coming to a Night Club near you
Mr. Dipak Gyawali-ji Talk is Cheap. US sends $ 200 million to Nepal every year.
Harvard Nepali Students Association Blame Israel for hamas terrorist attacks
TPS Update : Jajarkot earthquake
is Rato Bangala school cheating?
NOTE: The opinions here represent the opinions of the individual posters, and not of Sajha.com. It is not possible for sajha.com to monitor all the postings, since sajha.com merely seeks to provide a cyber location for discussing ideas and concerns related to Nepal and the Nepalis. Please send an email to admin@sajha.com using a valid email address if you want any posting to be considered for deletion. Your request will be handled on a one to one basis. Sajha.com is a service please don't abuse it. - Thanks.

Sajha.com Privacy Policy

Like us in Facebook!

↑ Back to Top
free counters