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 Confusion with Tps-ead with opt-ead
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Posted on 12-01-16 5:43 PM     Reply [Subscribe]
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I just did my MBA and I had already applied for TPS and EAD. I want to convert my f1 status to h1b status so now do I have to apply for opt or I can do it from my tps without applying opt. Thank you!!!
 
Posted on 12-02-16 10:45 AM     [Snapshot: 66]     Reply [Subscribe]
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TPS EAD Vs. OPT

Since you have already completed your MBA and would like to go for OPT, I suggest not to use TPS EAD, use OPT instead to work as you have 12 or 29 (not sure) months of OPT. You can have TPS with EAD as backup. However, if you use TPS EAD, you will no longer remains in OPT. Be careful as you have already completed your credit course. So never use TPS EAD to work, you can get job with OPT status plus it has more benefits in terms of tax deduction in your payroll.

Next, applying for H1B. while in OPT, you can ask your employer to file H1B in April and since you have MBA degree, you are eligible for EB2 CAP but again H1B approval is purely a luck coz H1B is based on the lottery system like DV unless you work for some non-profit organization like hospital/university.

H1B approval:
So, you get to know about your H1B within 3-4 months or at the worst case scenario by the end of Sept. If your H1B is approved, you are fine to work for 3 years and extend another 3 more years plus 1 more year if you filed Green Card by the end of 6th year and I-140 approved.

H1B denial:
If your H1B is denied, you can still remain in OPT until it expires, then use TPS EAD after that to continue your work.

Alternative: Green Card petition filing
Since H1B is purely lottery based, you can better look for the company with green card approval success rate high and file Green Card directly. It takes 1.5 -2 years for the GC processing. I think this should be your roadmap to remain in status.

So, feed the root properly and enjoy the fruit. Goo luck.
 


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