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 TPS + AOS based on EB2 + travel
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Posted on 09-07-21 1:54 PM     Reply [Subscribe]
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Hello Sajha,
I have following situation and seeking your suggestions/experience sharing.
1. I am on H1-B and have maintained TPS continuously.
2. My wife has been using TPS EAD (with H4 pending)
3. I am filing AOS based on EB2-NIW (approved).

I am planning to travel to Nepal in next 6-9 months and have following confusion regarding travel.

I am applying for AP with 485 application. If I intend to keep H1-B as primary status and TPS (hopefully it gets extended) as back up until 485 gets approved, what is the best way to travel?

I got few suggestions saying get AP from 485 + get visa stamping and use it for coming back.
Do I need to apply for separate AP based on TPS if I want to keep TPS?
AP application does not say it, but AP document states based on which underlying application (TPS or AOS) it is approved. Also, AOS AP has no fee and TPS AP has filing fee.

Or I should just disregard TPS and follow common H1-B/ AOS travel process? It's bit confusing and will be seeking lawyer consultation soon. Please share if you had similar situation or any suggestions.

Posted on 09-07-21 3:00 PM     [Snapshot: 98]     Reply [Subscribe]
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Why not wait for few more months until you get greened. It took about 6 months for me to go from filing a 485 (based on NIW) to receiving my card (FP waived since I already had my biometric done during TPS).

If you have to then i think using usual route H1-B/ AOS travel process is best. In my mind once you use AP you abandon other status(not sure, you can check with your lawyer).
Posted on 09-07-21 3:11 PM     [Snapshot: 105]     Reply [Subscribe]
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I think you need to take lawyer advice in this situation. H1B visa stamping is very risky ,I know some of our friends got denied and they are still in Nepal. May be your case is different because you will have AP. When we applied our green card we had same situation like yours H1b TPS no EAD used and H4 TPS EAD used. We didn’t have any problem and got a Greencard less than year. Good luck
Posted on 09-07-21 5:29 PM     [Snapshot: 231]     Reply [Subscribe]
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Fuchhey is right . I would go with the latter one .

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