Can I Change Status From Tps To H1

TPS EAD

Introduction to Using a TPS EAD while Holding Nonimmigrant Condition
Using a TPS EAD While on Nonimmigrant Condition that Limits or Prohibits Employment
Hardship Waivers for F1 Students
Advice for using a TPS EAD while Holding Separate Nonimmigrant Status

Introduction to Using a TPS EAD while Holding Nonimmigrant Condition

A person with a valid nonimmigrant condition may utilise for and be granted temporary protected status (TPS). One of the principal benefits of TPS is that a person on TPS may employ for and be granted an employment authorization document (EAD), which allows for employment in the United States. Notwithstanding, sure nonimmigrant statuses that may be held in conjunction with TPS (eastward.g., F-1, B-2) limit or outright prohibit the employment that a condition-holder may engage in and continue to maintain status. USCIS addressed how information technology will handle these situations in a 2015 FAQ.^ane This article volition explain USCIS' guidelines for TPS EADs for persons who hold a nonimmigrant condition that either limits or prohibits employment.

Using a TPS EAD While on Nonimmigrant Status that Limits or Prohibits Employment

The first question on the USCIS FAQ is:

Can someone with a non-immigrant status (e.k. F-1, B-2, etc.) apply for TPS? If so, will having or using a TPS-related EAD affect his or her status?

To understand the question, let us focus on the 2 statuses USCIS suggests equally examples. F-ane (F1) status allows for limited on-campus employment and authorized practical training. B-ii (B2) company status does not permit employment in the U.s. at all.

USCIS states that a person who holds both TPS and a nonimmigrant status must comply with the rules for the nonimmigrant status in gild to continue to hold both statuses. Therefore, if a person property F1 status engaged in employment authorized with a TPS EAD but non under his or her F1 status, he or she would have violated the F1 status. The same holds truthful for a person on TPS and B2 status who engages in any employment in the Usa. A B-i (B1) business visitor would be considered to take violated his or her B1 status by engaging in employment with an EAD obtained forth with TPS.

In order to continue to maintain both statuses, the condition-holder must comply with the rules guiding TPS and the 2d status. In practice, this means that a person with an EAD from his or her TPS who also is in a nonimmigrant status must be cognizant of the limitations the nonimmigrant status places upon employment. Thus, in a different case, if a person holds both TPS and H-1B (H1B) status, the status-holder would non be able to work for a new employer and continue to maintain H1B status unless he or she obtains dominance to do and then by taking advantage of H1B portability.

Severe Economic Hardship Waivers for F1 Students

An F1 educatee may utilize for a severe economic hardship waiver in order to seek approving to engage in employment that would non normally be consistent with the maintenance of F1 condition.² Holding TPS status does not in and of itself have an effect on an F1 educatee'south chances for blessing of a severe economic hardship waiver. Given the circumstances that would atomic number 82 to an F1 student being granted TPS, he or she may accept grounds for being canonical for a severe economic hardship waiver (although approval depends on the specific facts of the student'south situation, non that the pupil was approved for TPS). An F1 student in this situation should consult with his or her designated school officer and with an experienced immigration attorney.

Advice for using a TPS EAD while Belongings Separate Nonimmigrant Condition

USCIS has decided that, although ii of the benefits of TPS are the ability to simultaneously hold a nonimmigrant status and the ability to obtain an EAD, belongings and maintaining a nonimmigrant status is a limitation on a major benefit of TPS. Information technology seems like an odd policy to concord that one benefit of TPS limits a different and cardinal benefit of TPS, and it would non exist surprising to run into this policy changed in the future. However, unless the policy is changed by USCIS or past an administrative or judicial body, it is important for persons who hold TPS and a nonimmigrant status to understand where USCIS stands on the issue in gild that they may maintain both statuses.

A person belongings both TPS and a nonimmigrant condition should consult with an experienced immigration attorney before utilizing an EAD that he or she obtained every bit a benefit of TPS. The rules regarding authorized and unauthorized employment are specific to each nonimmigrant condition.

An F1 pupil who is afterwards approved for TPS and believes that he or she may be eligible for a severe economic hardship waiver should consult with an experienced immigration attorney in order to determine whether an application would exist appropriate.

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USCIS, FAQs: Statelessness and the Ability to Work for Joint F-1/TPS, published on AILA InfoNet at Doc. No. 15090306 (Posted on September 3, 2015)
8 C.F.R. § 214.2(f)(9)(ii)(C)