Q: How can I forgo my O3 status in order to use employment authorization that comes with TPS
Hi, I am currently in the US on a J2 visa (my husband is J1). We are in the process of switching to O1 (husband) and O3 for myself. In addition TPS has been extended for my country till June 2025. O3 does not offer any possibility of employment. I will like to apply for TPS so that I can be employed, but I am not sure it will be granted early enough before my husband switches to O1 so either ways I will still have to apply for O3.
If both are granted, how can I forgo the O3 in the long run so I can work with the EAD from the TPS? I cannot apply for TPS without applying for O3 as I do not know what the processing time for TPS will be. If I do, and my husbands O1 is granted before my TPS, I will lose legal residence status for a while which is not good.
Thank you for in advance for your response.
A:
In your situation, it's important to understand that holding O3 status and applying for Temporary Protected Status (TPS) are independent processes. If you are granted TPS while on an O3 visa, you have the flexibility to choose which status to maintain. TPS comes with employment authorization, allowing you to work legally in the U.S.
To maintain legal status, apply for TPS while your O3 application is in progress. This way, if your husband's O1 visa is approved before your TPS, you won't face a gap in legal residency. Once TPS is granted, you can utilize the Employment Authorization Document (EAD) it provides, effectively foregoing the limitations of the O3 visa.
Keep in mind, maintaining TPS status means adhering to its conditions and renewal requirements. It's wise to stay informed about the ongoing status of TPS for your country, as policies and extensions can change.
Lastly, consider consulting with an immigration attorney for personalized guidance tailored to your specific circumstances. They can provide detailed advice and help navigate the complexities of immigration law.
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