Should I apply for Temporary Protected Status (TPS) while on H1B?
I am traveling to Europe this December, and with H1B, it's easy to return back to USA. Will it be difficult for me to travel if I apply for TPS while on H1b?
3 attorney answers
There isn’t any point for you to file for TPS. Your status seems pretty secure through the H1B. It is good for up to 6 years and your employer can file an immigrant worker petition on your behalf through which you can adjust status.
If you are concerned about not being able to maintain your current non-immigrant status and thus losing your chance to apply for TPS, if it is still available you can do an initial late filing. Find more information at: www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status#Filing Late
These responses are general and could vary depending on individual facts. As always, it is best to seek the advice of an attorney when pursuing any immigration benefit.
The should question is up to you. If you are eligible and want to, you can.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You should meet with an attorney to discuss your personal circumstances and long-term goals. It may be beneficial to maintain H-1B status.
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.