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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105630
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Mr., not yet, I'm from Syria I'm using the tPS and work I

Customer Question

Hi Mr. Wilson,
JA: Have you talked to a lawyer yet?
Customer: not yet
JA: Anything else you think the lawyer should know?
Customer: I'm from Syria I'm using the tPS for residency and work I also have H1B which last time I used it was on Feb 25 2015
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

So what would you like to know? What questions do you have?

Customer: replied 4 months ago.
My h1B started on January 3rd 2012 and as I mentioned the last time I used it is on Feb 25th 2015 the last day I worked at my previous employer. I'm using the TPS EAD to work on my current employer, and it expires on September 30th 2016.the Tps for Syrian hasn't renewed yet, so I need to know my option to stay and work in the USA. can my employer activate my H1B in case the TPS is not renewed , if so do I have to leave the country?
Customer: replied 4 months ago.
one thing to mention is that I got the receipt from USCIS on Feb 11th 2015 2 weeks before My H1B got terminated, so I beleive I wasn't out of status when I lost my H1B
Customer: replied 4 months ago.
is there any other information would you like to know?
Customer: replied 4 months ago.
the receipt I got from USCIS on Feb 11th 2015 was for the TPS.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Your TPS expires September 30, 2016 or your EAD expires that date? Or do both expire on the same date?

Customer: replied 4 months ago.
Both expires on the same date
Customer: replied 4 months ago.
my question regarding the H1B, does the company need to do only transfer from my previous employer, or does my company need to apply for a new H1B?
Customer: replied 4 months ago.
I have a gap for work in 2015 I started my job at my current employer in June 15th 2015, and as I mentioned the last day at my previous employer was Feb 25th 2015
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

I would normally tell you to renew the EAD at least, but there is no guarantee that they will extend beyond September 30, 2016 and I wouldn't want you to waste the $465. There might be a small possibility that they would extend it for a year, but I don't know if that small possibility is worth $465, especially if they don't extend the TPS. What that means is that if they grant the EAD for another year, but later don't extend TPS, the EAD is not supposed to be valid anymore, but most employers don't check. They just note that the EAD is valid for another year and won't bother for another year. Again, still no guarantee.

As far as getting back into H-1B, since it costs the same amount of money to ask for a change of status as to just file the H-1B petition, I would file it as a change of status and see what happens. I doubt that they will approve the change of status, but they should approve the H-1B petition. If they approve both, then you go back into H-1B. If they approve the H-1B petition but deny the change of status, then you would have to leave the U.S. to go for new H-1B visa stamping and use that to come back. If you have had an H-1B visa stamp in your passport before, then you should be able to go to Mexico or Canada for stamping. If you have never had an H-1B visa in your passport before, then you are supposed to go to your home country for stamping. Of course, if there is a very urgent reason that you cannot go, like it is dangerous, you could ask a U.S. Embassy or Consulate in a different location to process you. They normally do not do it unless there is a compelling reason to do so.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello Youssef. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello Youssef. Thank you for your kindness and respect. Good luck to you.

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