Hello everyone,
I need some immigration related suggestion here. My wife is currently in TPS. She came to USA in H4. My attorney says, since she applied for TPS, her H4 no longer exists. He is saying that she has to go back to H4 to file for GC (as my dependent). Can we not apply GC from TPS ? TPS expires in Dec if not extended. I am confused.

Thanks

You should see another attorney. Someone on Sajha had posted an excel file from USCIS showing 15-20 green card petitions from TPS status some time back. In USCIS website it clearly states that - you will not, by default, get a green card from TPS, BUT, you can get a GC from TPS if you get sponsored by a US employer for one, or get married to a US citizen.

The only catch here would be, say before obtaining the TPS your wife was out of status for more than 6 months. If so, then you would not be able to adjust status. Since your wife was in H4, that shouldn't be a problem.

Also, did your wife have just TPS, or TPS + EAD? Previous visa status gets overridden only if you had EAD, AND used the EAD to work. Just possessing TPS and the EAD card does not invalidate the existing visa status.

Consult a good immigration attorney. Good luck.

torilahuredai is right.

TPS Vs. H4: You can not have dual status active. If your TPS is approved, then your current active status is TPS and H4 is on hold, even if you have not used your EAD. Once TPS expires , you will back to H4 status (provided H1B is valid. Anything happens to H1B status affects H4 as H4 by itself is dependent on H1B validity).

GC through H4 or TPS:
You can not file GC through your H4 status as your status is dependent. Only your primary H1B status holder (spouse) can file green card and once I-140 is approved, then he/she can file I-485 together (again your GC is based on your spouse's H1B, not through your H4 status). With H4 status, you are not allowed to work legally (I do not know if any rules amended for H4 eligible to work).

So, being in TPS with valid EAD, you can work legally and your sponsor company can file the GC for you.

Filing GC through either H1B or TPS need sponsoship as mentioned in the USCIS statement. It states-you will not, by default, get a green card from TPS, BUT, you can get a GC from TPS if you get sponsored by a US employer.

मान्छेहरु अति जान्ने. Tps मा ग्रीन कार्ड भाको आफैले देखियो. अब के भन्नु

Then please contribute to the discussion with your experience or knowledge.

Thanks for your response.
She has TPS and EAD but EAD was never used due to some technical difficulties.