Immigration Q&A

Your Question
I am an asylum applicant with a 5-year renewed EAD and recently received a Notice to Appear (NTA). I want to apply for TPS in case my asylum case fails. Do I need an EAD under TPS, or can I continue using my current EAD?
Expert Lawyer
Expert Answer
### TPS & EAD Considerations 'oe… You **can apply for TPS** while your asylum case is pending. 'oe… If granted TPS, you **don't need to apply for a separate EAD** unless you want one under the TPS category. 'oe… Your **C08 (asylum-pending) EAD remains valid** and can still be used to work legally. 'oe… If you prefer, you can request a new **EAD under TPS (category A12 or C19)** for added security. ### Key Points to Consider - If you **lose your asylum case**, your C08 EAD **may no longer be valid**, but a TPS EAD would still allow you to work. - Having **TPS does not directly impact your asylum case**, but make sure you maintain eligibility for both. - If you have an upcoming court date, discuss your options with an **immigration attorney** before proceeding with TPS.

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