Just wondering. Could you just apply for the TPS and not apply for work authorization?

First! welcome to sajha. and the answer is YES

First! You should search forum before you post because there are 100s of thread in this topic, and the answer is Yes.

And making topic on CAP LOCKS does not get attention :)

keta haru katti bitter bhako ho. Coffe khako chhaina ki kya ho. I know there are lots of posts but i dont see any reason not to start new threads. This is sajha after all.

Yes it is and you may get "Sajha" hang over too. 

Sajha for all :)

There are lot of contrasting opinions on TPS for H1 holders. I am on H1 . I don't need TPS right now. But still i m thinking to file TPS.
I am planning to file TPS and EAD but not to use it unless i have to (like if i get laid off).
My questions
if I file TPS and EAD (and not use it), will it have any effect on my current H1 status ?
if i have to go to nepal and come back on H1 will there be any problem?
is there any reason why H1 should not file TPS ?
Is there any differece between filing TPS only and filing both TPS and EAD in terms of H1 status?

Thanks in advance.

What's H1? Is it same as H1B or different

microbiology le hasaucha, H1 yo naya visa ho k, H1B ko bhai.

My understanding is if you get TPS with EAD, your current TPS status will be active and H1 on hold, so that you work under EAD not H1B. If you apply for Advance Parole, you can travel to Nepal for a short period of time with valid reasons. Once 18 months of TPS is completed (if not extended), then if your H1B is still valid, you are back on same old H1B status. As far as H1B layoff is concerned, you have 60 days (not sure) to get another job and transfer H1B.

So, think wise what do you want ?

I'm not a lawyer, So please be advised.
But per my understanding,
a) TPS is a blanket status, that means it won't affect any other status whether it's H-1B, H-4, F-1, F-2, B-1/B-2

b) TPS will avoid you from going out of status, and gives you legality even if you got fired on H-1, and couldn't find another job, or you choose to not to go to college on F-1.

c) you can have TPS EAD even if are in H-1, it won't void your H-1, your H-1 status will void if you choose to use that EAD to work for other employer

d) On TPS you can do adjustment of status but not change of status (you can find employer who can file you perm which could lead you to I-140, I-485, GC or you can marry to US citizen which can lead to GC, but you can't change to other non-immigrant status like F-1/F2, H-1/H4.

e)To return back to your original status after TPS Ends,(say if you're now in H-1, or F-1) you have to maintain that throughout your TPS, otherwise you can't change back.

f) I'm not sure about going to nepal on TPS and H-1B, When you use AP to enter usa your H-1B might get void.(anybody knows answer to this can put some insight)

again, this is solely my point of view, and I'm not attorney.


have a good day Guys,

aayo gorkhali !!!

I am thinking just to apply for the TPS and not get ead.

Will applying for TPS affect GC processing under H1B?

How about having approved 140 and waiting for applying 485? Any beneficial?

Mancini,

TPS should not affect GC and H-1B, again it's based on my analysis, not a legal advice.

Kyajhoor, don't know answer to your question, but If it's through H-1B, Perm and I-140 approved then your H-1b could be extended 3 more years, I don't see a necessity for TPS. But It will give you extra layer of security if anything happens in process of I-485 which is rare I guess.

Again Neerman and Gorkhali are giving two different opinions. Confused...

Maxypay,
why would you apply for TPS but not EAD?