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Mr., not yet, I'm from Syria I'm using the tPS and work I

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Hi Mr. Wilson, JA: Have you...
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: 1 year ago.Category: Immigration Law
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7/24/2016
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,642
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Customer reply replied 1 year 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 reply replied 1 year 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 reply replied 1 year ago
is there any other information would you like to know?
Customer reply replied 1 year ago
the receipt I got from USCIS on Feb 11th 2015 was for the TPS.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

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

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Customer reply replied 1 year ago
Both expires on the same date
Customer reply replied 1 year 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 reply replied 1 year 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
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year 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.

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year 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!

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

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

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