How to move from Temporary Protected Status to an H-1B visa

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Key Takeaways

• Applicants must maintain valid TPS status until H-1B approval; lapses can force consular processing.
• H-1B petitions require employer sponsorship, specialty occupation, and are subject to the annual lottery system.
• Travel during the change of status process without advance parole can cause USCIS to abandon your application.

Switching from Temporary Protected Status (TPS) to an H-1B visa lets a person remain in the United States 🇺🇸 as a temporary worker in a skilled job, but it is not a simple change. This process involves several steps and must follow special rules to avoid problems. People with TPS may want to apply for an H-1B visa for more security or a chance to stay and work longer in the United States 🇺🇸. Below, you will find a detailed, step-by-step guide about how someone can move from TPS to H-1B status, including what is needed, what to avoid, and tips to make the process smoother.

What Is TPS and H-1B Status?

How to move from Temporary Protected Status to an H-1B visa

Temporary Protected Status, or TPS, is a special form of permission given to people from certain countries facing problems such as war or natural disasters. The United States 🇺🇸 government lets them live and work in the country for a limited time. TPS does not lead to a green card or permanent residency.

The H-1B visa is a different type of permission that lets a person work in the United States 🇺🇸 in a skilled job. This job must require at least a bachelor’s degree or its equivalent, and the person must have an employer sponsor in the United States 🇺🇸 who is ready to offer the job and file the necessary paperwork.

If you are thinking about moving from TPS to H-1B, this guide will explain exactly what you need to do and things you must watch out for.

Checklist of Items Needed

Before beginning the switch, make sure you have the following:

A valid job offer from a U.S. 🇺🇸 employer willing to act as your sponsor
Proof of your education (e.g., diploma, degree, or equivalent)
Details about your current TPS status, including documents proving lawful stay
Completed immigration forms (explained below)
A plan to maintain your legal status during the process

You cannot apply for an H-1B visa by yourself. Only an employer can file for you. This employer sponsor must offer you a job that meets the rules for an H-1B visa. The job must:

Be in a “specialty occupation” (meaning that it needs a minimum of a bachelor’s degree or its equivalent)
Match your background and education
Meet all wage and work condition rules for H-1B jobs

It is important to have real communication with your possible employer about the process and what papers they need from you.

Tip: Start your job search early, especially as H-1B visas have a limited number each year and follow a lottery system. Employers often start the H-1B process several months before the start date you want.

Step 2: Employer Files the H-1B Petition (Form I-129)

Once a company agrees to act as your employer sponsor, they must fill out and send Form I-129, Petition for a Nonimmigrant Worker, to U.S. Citizenship and Immigration Services (USCIS). You can find Form I-129 here.

This form must include:

A copy of your job offer letter
Evidence that the job is a specialty occupation
Proof of your education and work background
Your current immigration status papers (e.g., TPS approval notice)
Required H-1B filing fees (fees may vary; check current rates)

Important Note: The H-1B visa is subject to a lottery each year due to high demand. If you are not selected in the lottery, you cannot move forward with the switch this year.

Step 3: Decide on Change of Status or Consular Processing

Once the petition is filed and (if required) selected in the H-1B lottery, the employer sponsor must choose how you will get your H-1B status. There are two ways:

3.1. Change of Status (Without Leaving the U.S. 🇺🇸)

If you have always kept your TPS status and have not broken any immigration rules, your employer can ask USCIS to change your status directly from TPS to H-1B. If approved:

You remain in the U.S. 🇺🇸 and get a new approval notice (Form I-797) and a new I-94 showing H-1B status.
You can work for your employer sponsor in the new job once the H-1B status becomes active (usually October 1 if lottery-selected).

Caution: Make sure not to let your TPS expire before H-1B status begins. If you lose TPS before H-1B approval, you may become ineligible for change of status.

3.2. Consular Processing (Getting Your Visa Abroad)

If you are not eligible for a change of status in the U.S. 🇺🇸 — for example, if you had a gap in your status, entered the U.S. without inspection, or have other issues — USCIS may approve your H-1B only for “consular notification.” This means:

You must leave the U.S. 🇺🇸
You apply for an H-1B visa at a U.S. embassy or consulate outside the country
If approved, you re-enter the U.S. 🇺🇸 under H-1B status

Important: If you have an application pending to change status, leaving the country can cause your application to be seen as abandoned. Always seek advice before making any travel plans.

Step 4: Maintain Your Legal Status Until the Switch Is Complete

It is essential to stay in legal status from the start of your H-1B petition until you actually start your H-1B job. This means:

Keep renewing your TPS if you are eligible and while your H-1B application is being processed.
Do not let your current status expire before H-1B is approved and begins. For most new H-1B visas, this means you have to maintain TPS through at least September 30 of the lottery year, as H-1B often starts from October 1.
Do not work for your new employer sponsor until your H-1B status is active.

Pitfall to Avoid: Letting your status expire or violating terms can make you ineligible to change status inside the United States 🇺🇸 and may require you to leave the country for consular processing — which can trigger bars to reentry if you have been “out of status.”

Step 5: Be Aware of Special Rules for Travel

Travel rules are very strict during your transition. If you have been approved for a change of status, traveling out of the United States 🇺🇸 before your H-1B status is approved or starts can cause problems:

Leaving the country before your H-1B is processed may make USCIS see your request to change status as abandoned.
If you must travel for an emergency, you need what’s called “advance parole” to return safely under TPS. Apply for advance parole before leaving, or you may not be allowed to reenter.

Tip: Delay any travel plans until your status is clear and you are sure it will not hurt your case.

Step 6: Prepare for Special Situations

Moving from TPS to H-1B is trickier for some people, such as those who:

Originally entered the United States 🇺🇸 without inspection (“EWI”); this can make change of status more difficult.
Have had gaps or violations in their TPS or other status.
Have used advance parole or other special permissions to travel.

If you fall into any of these groups, it is best to consult a trusted immigration lawyer. There may be ways forward, but each situation is different and could bring risks.

Step 7: After H-1B Is Approved

Once your H-1B petition is approved, and your start date has arrived (typically October 1), you can now:

Legally start working for your employer sponsor in the United States 🇺🇸 in H-1B status
No longer need to keep renewing TPS, unless you want to maintain a backup status

It is good practice to keep copies of all approval documents, especially your H-1B approval notice and new I-94 record. Your employer may need to update your work eligibility file.

If your H-1B is denied or you were not selected in the lottery, you should continue to renew your TPS if possible or explore other immigration options.

Things to Remember: Key Points and Best Practices

Always keep your status valid. Gaps in status can make you ineligible to change status without leaving the United States 🇺🇸.
Stay in touch with your employer sponsor and their legal team. Delays or missing paperwork can cause big problems.
Don’t travel outside the United States 🇺🇸 unless you have proper permits. Leaving during the process can lead to an abandoned application or problems returning.
Consult a legal expert for complicated cases. People who entered without inspection or have unusual backgrounds should get tailored advice.

Common Pitfalls and How to Avoid Them

Letting TPS expire: If you let your TPS lapse before H-1B status starts, you may lose the chance to change status inside the United States 🇺🇸.
Traveling without permission: Leaving the country before change of status is approved can harm your case or make you ineligible for the transition.
Incomplete paperwork: Missing documents or making mistakes on Form I-129 can lead to delays, denials, or the need to repeat the process.

Alternative Options If Application Is Denied

If your H-1B petition is not selected in the lottery, denied by USCIS, or not possible due to your situation, you have a few alternatives:

Continue renewing your TPS for as long as your country remains on the TPS list.
Speak with an immigration lawyer about other employment-based or family-based options.
Review if you qualify for different temporary work visas.

What to Expect After Completing the Steps

Transitioning from TPS to H-1B gives you a new legal status and work opportunity in the United States 🇺🇸. With an H-1B visa, you can work in a specialty occupation, earn a steady income, and—since H-1B status allows “dual intent”—even apply for a green card in the future if you qualify.

As reported by VisaVerge.com, this switch can bring more stability for workers and employers, but each case is unique. Continuous and honest communication with both your employer sponsor and any legal advisors is the best way to make a successful transition.

For more detailed information, always refer directly to the official USCIS H-1B information page for up-to-date rules and forms.

Additional Resources

Key Steps Checklist

Secure job offer from an employer sponsor
Gather required educational and status documents
Employer files Form I-129
Decide between change of status or consular processing
Keep legal status current during entire process
Avoid travel unless you have legal permission
Get legal advice for complicated situations
Keep updated with official resources and deadlines

Switching from TPS to H-1B can be very rewarding, but it requires careful steps and full attention to every rule. Start planning early, keep your documents in order, and always seek current information and advice. With the right approach and support, you can complete the process and start your new chapter in the United States 🇺🇸.

Learn Today

Temporary Protected Status (TPS) → A temporary U.S. immigration status for nationals from countries facing severe crises like war or natural disasters.
H-1B Visa → A nonimmigrant visa allowing skilled foreign workers with specialized degrees to work in U.S. specialty occupations for up to six years.
Employer Sponsor → A U.S.-based employer who offers a qualifying job and submits the H-1B petition on behalf of the applicant.
Change of Status → A process allowing foreign nationals to switch from one valid immigration status to another while staying in the United States.
Advance Parole → Official permission for certain immigrants to temporarily leave and reenter the U.S. without jeopardizing their pending immigration status.

This Article in a Nutshell

Switching from TPS to H-1B in the United States offers skilled workers more security, but strict rules apply. Employer sponsorship, specialty occupation requirements, and constant legal status are critical. Missing paperwork, travel without permission, or TPS lapses can ruin your case. Careful planning and official guidance are essential throughout.
— By VisaVerge.com

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