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mtnepal
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Posted on 05-15-18 9:56
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I am working on tps ead and my h1b has been picked in the lottery this year. Has anyone done change of status from tps to h1b? I am yet to discuss with my lawyer but wanted to check if someone has experience with it.
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StatusPidit
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Posted on 05-16-18 1:22
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I'm on the same boat. My lawyer said since I worked on TPS without maintaining F1, I have to go out of the country to get a visa to come back in H1.
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maxpayne
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Posted on 05-16-18 8:37
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You guys should have enough time to get TPS travel documents until August. Then travel to either Nepal or Canada to get H1B Visa. If shit hits the fan, there's still tps entry for you.
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skyuser12345
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Posted on 05-16-18 10:00
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If you intend to go for H1B stamping (anywhere) and like maxpayne said, "If shit hits the fan, there's still tps entry for you", you will be returned from POE if you use your TPS AP (if your H1B application is pending or denied for one reason other), at that point you will be left to sit and wait for H1B stamping. However, that being said these days H1B approval is 80/20 ratio, which means you will be vetted during petition approval more so than when you go for stamping. On top of it, if your name is not (common) one in red list you should almost get H1B stamped without any issues.
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mtnepal
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Posted on 05-16-18 7:09
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@StatusPidit Which state do you belong to? My lawyer is saying that ninth and sixth circuit states allows change of status without having to travel for stamping. Even if mine doesn't fall under ninth and sixth circuit, change of status petition is filed along with h1b just to take the chance. As far as consular processing is involved, do i need to be worried if i am a full time employee and hold a senior position with good salary and my degree matches my job duties?
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StatusPidit
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Posted on 05-16-18 7:20
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@mtnepal Mine is 10th bro. Please check your inbox. Thanks!
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NepaliNajar
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Posted on 05-16-18 8:32
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I am in TPS but maintaining F-1 parallelly by taking part time course work. Working as a full time and my H1B also got picked. My lawyer was planning to file H1B as a consular processing, but I convinced her that COS is fine for me as I am maintaining F-1 parallelly. . Finally, she changed consular processing to COS. I am waiting for the H1B approval.
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