Adjustment of Status (I-485) H4 to TPS-EAD

[Isaac_G]

Good morning everyone, I wonder if I could get some advice in this forum. As you might be aware this administration granted TPS for Venezuelans. Being my wife in H4, what would be the right move for her immigration status.

I recently had a conversation with an immigration attorney (a couple of emails back and forward) and mentioned that my wife can use TPS without impacting her whole family ( I am under H1-B) and she should be able to file for adjustment of status as long as her last entry prior to the I-485 filing was not without inspection.

Could you please help me to understand this more? also, 2nd question: Do I have to get TPS granted then apply for I-485 or should I do this at the same time?

Thank you for your help.

[newacct]

On what basis would you guys be immigrating (filing for I-485)?

[Isaac_G]

Newacct, I think I misunderstood what the lawyer was telling me, She is currently handling my PERM process. But, I think she refer to future filing of the I-485. Not, now, with the TPS application. what are you thoughts? thank you!

[newacct]

Getting TPS and your employment-based immigration process are independent things. Getting TPS should not help or hinder either you or your wife immigrating through your company's employment-based petition. What is the goal of your wife and/or you getting TPS? Is it to be able to work with an EAD?

[Isaac_G]

Newacct, Thank you for your notes, My company's lawyer asked me the same question. What is the goal of your wife getting TPS? I told them that my wife would like to go back to work. I would also like to apply. I have no intention to get an EAD. But, this will give me a second layer of protection if something goes wrong with my employer. (lay off, let me go, etc) which I don't think that is the case since we are currently working on the PERM process.

The second layer of protection was brought by other lawyer that we (wife and I) consulted. What is your opinion, what make sense from an immigration law perspective?