How to Safely Switch from TPS to H-1B

Living in the U.S. as an immigrant can be tricky, especially when dealing with visa transitions. If you’re on Temporary Protected Status (TPS) and want to switch to an H-1B visa, there are important things to know before making any decisions.

The actual issue is with consular processing. If you’ve been in the U.S. without TPS while awaiting asylum, traveling for visa stamping in Canada or Colombia could possibly activate a reentry bar. This would render you ineligible to return to the U.S. for 3 or 10 years.

Unlawful presence can complicate things, even if you’ve since received TPS. The U.S. keeps track of any periods of being here without status, which could lead to a long wait outside the U.S. if not handled carefully.

To work around these risks, it’s best to consult with an immigration lawyer. They will assess your case and identify if there are safer options, like Adjustment of Status (AOS), available to change your status without leaving the country.

Instead of going ahead with travel or consular processing, the filing of AOS may allow you to stay in the U.S. problem-free. Always talk to an attorney to make the best decision for your future.