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Can I maintain H-1B temporary immigration status and status under TPS at the same time?

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Yes, a temporary immigration status is a legal immigration status allowing for a noncitizen to be present in the United State for a specific reason, usually for a specific period of time or when the reason for the visit has been completed.

TPS or Temporary Protected Status is a discretionary tool implemented by the U.S. Government to allow certain noncitizens to remain and work in the United States temporarily typically based on a crisis being faced in the noncitizen’s country of origin. You can read our discussion on TPS protection here. Therefore, TPS protection has no direct effect on H1B status other than in order to maintain both the status and protection, the noncitizen must comply with the TPS rules and the immigration status at the same time.

Are there any potential consequences in traveling under authority of advanced parole stemming from TPS protection?

Yes, If you decide to travel on advanced parole you run the risk of losing your H1B status. Once you return there is an exception that will allow you to continue working for the same employee and allow your employer to file for an extension of status to attempt to re-acquire the lost status, but you will not be able to reacquire H1B status through a new employer without going through a new filing process.

As a result, it may be better to consider traveling on the H1B for a few reasons. Traveling on the H1B will allow you to keep the H1B status upon entry, not requiring the filing of the extension of status and allowing you to keep the option of porting status to another employer if the need arises.

Additionally, if for some reason the TPS status is revoked by the U.S. government, you will find yourself out of status further complicating the possibility of changing status or re-entering the United States especially if your employer never filed to extend your status after re-entry on advanced parole. Finally, if you have H-4 dependents, they will lose their status if you travel on advanced parole.

If you have an H visa and TPS protection are contemplating travel, please contact us to help guide you in your decision. You can also review our article addressing TPS benefits and their effects on other temporary visa statuses here.

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