Hi friends,
A friend of mine asked me the below question, hope to get some input from you guys.
He has filed H1B this year and H1B is in pending status. His H1B did not get picked up last 2 years so he had to go to CPT university. He is kind of worried of getting RFE because in the past few times his SEVIS got closed and had to made it active by DSO. Lets not go in detail of this situation. While H1B is pending he wants to apply TPS and EAD.
In this scenario how about the chances of H1B approval? Does USCIS know TPS has filed for him or vice versa?
Please share your knowledge.

Thanks a lot!

H1b n TPS are not interrelated, one does not affect the others

It gets interesting if he applies for TPS ead. I assume we can only have one EAD. So, with pending H1B and TPS ead, you need to get professional opinion on that.

H1b is not an EAD, you can have A different EAD while in H1, if u work on EAD while on H1, u changed ur status frm H1 to the one with EAD.

Thanks ny2 for the information.

Agree with NY2 on this one

My opinion: If your H1B is under processing (you expect result by the end of Sept) and if approved, there is no need for TPS. So, wait until Sept and if you did not get H1B, then you still have time for filing TPS with EAD.

Next, what happens if you file TPS now when your H1B is not decided ? If you receive TPS before H1B (which is not the case as TPS takes some time and goes beyond Sept by the time you receive EAD), then your H1B will be void.

I might be wrong but that's what I lawyer says.