If anyone who had applied TPS while they were in H4, could you please share your thoughts? After doing my research, if the person is in this status (H1, H4, F1 e.t.c) and apply for TPS and granted. After, TPS expiration he/she will come back to the same status, if the previous status has not expired or violated. For me, if my spouse is maintaining h1b status during that period.
If I leave US with advance parole and go for an interview for H4 visa, while on TPS; will there be a problem?
And let say I enter in H4 visa, what will happen to the TPS?

I know no one has done this so far, because TPS is in very early stage for Nepalese; however I believe you folks have consulted an attorney in this matter or have experience from people you know whose country has been designated for TPS.

Your guidance will be very helpful!


Thank you!

Sole purpose of H4 applying TPS is for EAD. Once you used that EAD, H4 status wont be valid anymore. If you are travelling using AP, no need to go for H4 stamping if you want to enter as a TPS holder.
But if H4 status holder is not planning to work, then you might wanna maintain H4 and do H4 stamping too (not sure how this will work)
My spouse H4 visa holder already applied and got her biometrics. As long as I maintain my H1, i think it wont be problem for her to get back to H4 if TPS ends in future :)
Note: Not a lawyer :D

Guys, it seems like dual status with TPS, but is NOT. Once TPS is granted, your current status is TPS until expiracy and during that time, you can change your status to any other status or come back to previous status if that previous status is maintained.

If your TPS is granted, your H4 status is on hold as long as H1 status is maintained by your spouse and once TPS expires, you can come back to H4 without any problem. If you apply for AP, you can travel through that AP and return back without H4 visa stamping or renewing. If you think you play safe with TPS and AP on hand, go to Nepal and apply for H4 visa renew and if that didnot work, you still have AP to return back, then my question is "Is your H4 status active ?", I guess NOT. So, there is no point to apply for H4 visa while on TPS with AP. Benefits of TPS is EAD, of course.

@damauli_guy thanks for your reply! Agree with everything except, "Once you used that EAD, H4 status wont be valid anymore." How did you figure out this? Did you checked with your attorney? or reputed link e.t.c will be helpful. I did my due diligence, and I think it's fine for H4 to work with USCIS permission. Which means, If you are given EAD, you are allow to work.
Same apply to b1/b2 e.t.c. Actually, they are not allow to work, but with TPS EAD, now they can. I think TPS is design to help people who needed the most in humanitarian ground, not take away what you already have! However, a person violate his or her H-
1B status if s/he uses the EAD to engage in employment for a separate employer and leaves the employer listed on the approved I-129 petition. For F1, they can work with TPS EAD, but they have to make sure that the I-20 is updated with TPS EAD remarks, and the SEVIS record is valid during TPS period, so once the TPS is over they come back to previous F1 status. For that you have to talk with DSO*; by taking min load or taking semester break e.t.c are options.
Please correct me If I'm wrong!

You are taking about maintaining H4 and working EAD of TPS which is not possible. Its Either OR thing. These things are discussed a lot in this Sajha forum and same was shared in USCIS conference. Also you are right about B1/B2, H1 and F1. Dependent visa not qualified for employment are little tricky.

It does not matter what status or VISA you have. When you apply for TPS, and you get your TPS EAD then you should be able to work without problems.

Hi - Could you please help me with some insight from your research/experience into applying for TPS EAD for H4 spouse? I read the USCIS TPS section thoroughly and understand that if I am maintaining my H1B status when TPS ends, my H4 spouse would revert back to H4. However, I am worried about H4 being a dependent status and that it strictly is a status that does not allow to work. I understand that if TPS EAD is approved, then it'll allow H4 spouse to work after receiving SSN of course. But I am thinking for like future i.e. any impact on future GC processing where when I add derivative spouse at the I-140 stage, do you think it would cause any issues? My GC processing is at it's very beginning i.e. Wage determination and my spouse does not really need to work as I am supporting quite ok. So my spouse would apply for TPS only if there is no tentative risk. I researched a bit but did not see any substantial answers and you seem like you applied for your spouse back in June-July 2015. So please could you help me understand if it is ok that my H4 spouse can apply? Would really appreciate your feedback. Thanks.

My GC is in final stage, but from the biometric stage, i have my wife (h-4) on TPS, and EAD, and she is working full right in good company. my personal view, i do not see any impact.

Thanks@kanchababu! After reading the Q&A content pasted below (link attached), I had to set up an appointment with Immi. Officer to be 100% that my H4 spouse can work on TPS EAD without any consequence for future immigration benefits. Please see yellow highlight - although not directed to H4, it is generic enough and can be easily inferred for the purpose of H4 or F2:

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

Yes, a person with F-1, B-2, or any other nonimmigrant status may apply for and receive TPS. The individual can continue to hold both statuses, as long as he or she remains eligible for both. For example, if an F-1 (student) applies for and obtains TPS, but he or she continues to abide by all of the F-1 eligibility requirements, he/she can continue to maintain F-1 status and simultaneously hold TPS. Any individual who applies for and is granted TPS must continue to comply with the separate eligibility requirements of all other statuses (e.g., F-1, H-1B) that he or she seeks to maintain.

It is up to the individual to know and understand the requirements of all statuses he/she holds or is seeking to obtain and/or maintain. Receiving TPS or a TPS-related EAD does not alter any

rules limiting employment for certain nonimmigrants, such as F-1 students or B-2 visitors. Before someone holding both nonimmigrant status and TPS chooses to work using a TPS-related EAD, he or she should carefully consider whether that employment could violate the terms of the nonimmigrant status, potentially resulting in violation of the nonimmigrant status. F-1 students who are considering working on a TPS- related EAD may want to talk with their Designated School Official (DSO) and/or an immigration attorney to discuss how employment could affect their F-1 status. We note that students who are experiencing severe economic hardship as a result of unforeseen circumstances may follow the usual process to request off-campus employment authorization due to the hardship by filing an I-765, Application for Employment Authorization. Recognizing the effects of the earthquakes in Nepal, USCIS has announced that it will work to expedite the adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students from Nepal experiencing severe economic hardship.

http://am.nafsa.org/sites/default/files/WorkForJointF1TPS.pdf

let me point out, if you continue to point out like this then you will be like pendulum, getting no definite answer, and also as a matter of fact no one knows too what happens.
Will see what happens in the future.

FYI: We are in process of GC, my h1b extension is hanging since 8 months, if RFE comes, then I also plan to apply TPS.