will I need to stamp my H1 on my passport if I have a pending TPS application?

[am8084]

I'm currently on J1 but had a hardship waiver for the two year requirement. My j1 expires Aug/11/2012 and the employer I'll work for has Applied for an H1b for me which will be effective Oct/1/2012. I have a temporary protected status application (Syrian citizen) pending now.

Will I have to leave the US to get an H1 visa stamp from an embassy? or can I switch my status without leaving the US since I Have a TPS application pending?

[shervin143]

If the H1B gets approved as a COS (with a new I-94) you can start working for the employer without leaving the country. If the H1B gets approved for consular process (with a new I-94), then you cannot work for the h1B sponsor unless you leave the country, get the H1B visa stamped and return back in H1B visa.

[am8084]

If the H1B gets approved as a COS (with a new I-94) you can start working for the employer without leaving the country. If the H1B gets approved for consular process (with a new I-94), then you cannot work for the h1B sponsor unless you leave the country, get the H1B visa stamped and return back in H1B visa.

Thank you for the help.

The position is subject to the cap, which means has to wait until Oct/1. If it's approved as COS before Aug/11(my j1 expiration), then what will my status be between Aug/11 and Oct/1? And will I have a problem with i-485 (AOS) in the future because of interruption in my status?

[shervin143]

If your H1B is filed under a new CAP and if there is a GAP between your current status expiry and Oct 1st (H1b effective date), then the H1B might not get approved for a COS. It will get approved only for a consular process. Even if the H1B gets approved for as a COS, your time between your current status expiry and the H1B effective date will be considered as illegal stay if your stay in the country and it can cause issues with your I-485.

Thank you for the help.

The position is subject to the cap, which means has to wait until Oct/1. If it's approved as COS before Aug/11(my j1 expiration), then what will my status be between Aug/11 and Oct/1? And will I have a problem with i-485 (AOS) in the future because of interruption in my status?

[am8084]

If your H1B is filed under a new CAP and if there is a GAP between your current status expiry and Oct 1st (H1b effective date), then the H1B might not get approved for a COS. It will get approved only for a consular process. Even if the H1B gets approved for as a COS, your time between your current status expiry and the H1B effective date will be considered as illegal stay if your stay in the country and it can cause issues with your I-485.

Thank you shervin143. So you don't think that my pending temporary protected status application will make a difference. Right?