I entered the U.S. on November 6, 2022, through Uniting for Ukraine (U4U), and on September 11, 2024, I was also granted TPS, so I currently have both U4U and TPS. I work for a U.S. marketing agency, and my employer and I were already selected in the H-1B lottery. We are now trying to understand whether I may be able to change status to H-1B from within the U.S. without leaving the country, or whether consular processing would be more likely in my situation. I’m also wondering whether, if USCIS were to determine that I’m not eligible for change of status, that could create issues under the new $100,000 rule, and whether there is generally any way employers in situations like this try to avoid triggering that fee.
