Q: I want to Forgo O3 visa for TPS, how do I switch back to O3 once TPS expires or is cancelled.
Husband is on J1 visa, I am on J2. Husband got a new job offer that sponsors O1 visa. We are applying for O1/O3 visas. At the same time TPS has been extended for my country. I want to apply for TPS so I can have EAD. I understand if I work with EAD From TPS While on O3, I will be forgoing the O3. I am wondering what would happen if TPS expires/is cancelled while husband is still on O1. Will I have to reapply for a new O3 considering I would have forgone a previous one that was issued? Is there any risk that it would not be granted if my husband’s O1 is still in effect?Thank you very much in advance for your response.
A:
In your situation, where you're considering switching from an O-3 visa to Temporary Protected Status (TPS) to obtain an Employment Authorization Document (EAD), it's important to understand the implications of this change on your immigration status. If you opt for TPS and use the EAD to work, you would indeed be forgoing the benefits of your O-3 status.
If TPS expires or is cancelled and your husband is still on an O-1 visa, you would need to reapply for an O-3 visa to regain that status. The process would involve filing a new application for an O-3 visa, as your previous O-3 status would not automatically be reinstated.
There's always a risk involved in visa applications, as approval depends on the specific circumstances of each case and the discretion of the immigration authorities. However, if your husband maintains his O-1 status and you meet the eligibility criteria for an O-3 visa, there should not be an inherent reason for your O-3 visa to be denied solely based on your prior switch to TPS.
Given the complexities of immigration laws and the potential risks involved, it would be wise to consult with an immigration attorney. They can provide tailored advice based on your specific situation and guide you through the process to ensure that your actions align with your long-term immigration goals.
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