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Can I change to H1B visa status from F2 while in TPS with EAD?

Business 2 views 3 answers
Recently my country got TPS so I am planning to apply for TPS with EAD. Do I have to travel to my home country for H1B visa stamping if I got one? or I can just switch my status to H1B being in states itself? I am intended to maintain lawful status and now I am in F2 visa.

Attorney Answers

3
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
TPS is not a "valid nonimmigrant status" from which you can change to anything. It is a humanitarian program which unfortunately carries a confusing name. F1 is, but the quota for H1B for this fiscal year has already been sued.
0 upvotes
Stephen Berman ·
If you are in valid F2 status and if you are eligible for an H1b, and if there are visas available and an employer files for you, then yes, you can change status from F2 to H1b, even if you have TPS.
0 upvotes
Meenu Sharma ·
You need to maintain your f-2 status for changing visa, TPS is not a valid status
0 upvotes

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