Help TPS | F-1 student | OPT | H1B
I have seen prior discussions about F-1 student & TPS but not specific to this. I hope this thread will serve for all the possible F1-student with TPS.
I have pointed my concerns below in case by case basis:
Case 1. I am in OPT and my OPT ends at March 2016.
# How does TPS benifit me? Can I file TPS-EAD and continue to work under it.
# What would happen after Dec 24, 2016 (end of 18 months period)?
# Will my status remain F-1 or I need to maintain my F-1 status while under TPS?
Case 2. Will TPS affect my ability to file for H1B if my OPT ends at march 2016?
# Do I need to maintain my F-1 status in parallel while under TPS for H1B?
To: Woog Law Office, LLC
How about when I graduate while in TPS? Do I still have to apply OPT during a grace period and get new EAD as I will already have EAD through TPS. I don't think so we can have both EAD from OPT and TPS. But for me, it is best to have TPS EAD; however, utilizing EAD OPT is like maintaining F-1 Status. Does it goes like this way?
Little complicated for me, but it looks like that you have a lot of experience about TPS cases. We will be very happy to get information from you.
Please update us. Thank you.
I did some digging & consulted few peoples. There was a interesting qa session with DHS & Syrian TPS beneficiary in early 2012 (link here: https://www.federalregister.gov/articles/2012/04/03/2012-7960/employment-authorization-for-syrian-f-1-nonimmigrant-students-experiencing-severe-economic-hardship#h-28) .
I came to conclude that:
1. If you are in F-1 OPT, you can file for TPS-EAD and continue to work until the period mentioned in TPS-EAD.
2. You can always reinstate to F-1 status if TPS doesn't get extended by the end of 2016.
3. However, you have to provide your employer with proper documents so that your TPS-EAD has precedent over your OPT-EAD.
This benefit of using TPS-EAD over OPT-EAD include no unemployment rule, ability to work ouside you field, etc, etc
4. It gets little tricky if you are F-1 and currently in school. You might have to maintain normal course load and keep your status alive so that you have the option to file for OPT or H1B. You may however, ask your school DSO for reduced course load.
5. For H1B, your H1B-EAD might be voided if you use TPS-EAD. You might have to return to your original country and get re-stamp if you want to reinstate as H1B.
6. If you are in H1B from US degree (which means you were a F-1 student at some point), you might be able to reinstate as F-1 but that totally depends on the DSO; if he/she thinks you meet the criteria.
FYI: I ain't a lawyer or expert on this matter. This summary is entirely derived from my personal research and available materials on the internet.
Ruben,
Can you please explain your understanding, if F1 OPT apply TPS EAD and works with TPS EAD, can he have option to apply H1B, his status, as well as how his F1 can be reinstated?
maryoamericale, if you find a sponsor for your H1B, I don't see why you can't. But if your H1B gets picked up you might have to go to Nepal and get stamping so that your status changes from TPS-EAD to H1B-EAD.
You can be reinstated to F-1 after the TPS-EAD by virtue of "8 CRF 214.2", which states that
(1) The violation of status resulted from circumstances beyond the student's control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for reinstatement; or
@ruben what about the existing h1b holders will they have to go back to stamp if they get EAD THROUGH TPS. Please provide your insights ..
@Everest, Once you apply for TPS, your H1B becomes VOID. You will no longer be in H1B.
MTEVEREST8848, I do not have much info regarding existing H1B condition. I would assume, if you happen to use TPS-EAD, your H1B is of no use and hence gets voided.
But, you could maintain your H1B in parallel (this include: being dependent on the sponsor, extra taxes etc) and save TPS-EAD for rainy day.
yes, you might have to go back to your home country for the stamping. I have seen new information in other threads that you could be reinstated to H1B if you could find a employer within 30 days (hope this is true, not so sure about it).
@Ruben123
Once TPS granted...What if he/she wants to come back to his/her spouse's H1 as H4 or his/her GC-EAD during or after TPS stops. Is that possible?
OZAR, there is this piece of info spreading around in facebook. i think, it's some sort of Nepalese law firm in US. I hope this answers most of the questions:
Link: https://scontent-ord1-1.xx.fbcdn.net/hphotos-xfa1/t31.0-8/s960x960/11406345_10152982160539849_4571163893718795230_o.jpg
There is so many wrong infos here ,
My experience , consulted with multiple lawyers
TPS and F1 can be maintined in Parallel , do does H1b and TPS
TPS to GC or H1b will be consular processing unless you maintain F1 in parellel or reinstate.
Any one gone for H1B stamping after TPS? I scheduled my interview for October and just wondering if any more document are required (other than TPS and EAD approval) when on TPS. If someone is going in a few days please post your experience. I will post mine after my interview.
Did you travel on travel document or on your nepali passport?
As long as TPS is active and you have abandoned F1 after TPS applied, you dont need consular processing for H1B. I am making this statement because I was in this condition and I am H1B approved now.
I used to think sayad consular processing chaincha bhanera tara parena.
I am sharing this info because even lawyer used to say lets find out.
Last edited: 12-Sep-16 06:37 PM
My H1B is also approved with COS. However, I am travelling to Nepal soon due to personal reasons and I am planning to get it stamped and abandon my TPS and return with approved H1B. I was just wondering if people who moved to TPS need more documents than people who move from F1 to H1B.
@Nepali Keto 123, you can do H1B stamping and enter US as H1B holder. You don't have to give up your TPS. TPS will be running at background. If you don't extend next time, you wont be in TPS anymore.
If you don't use travel document, your tps will be void I think.
It wont get void. I have friends who has TPS and traveled and entered as H1B.
Also, some of them travelled during pending TPS, came in as H1 and later TPS approved too.
Travel
If you have TPS and wish to travel outside the United States, you must apply for a travel authorization. Travel authorization for TPS is issued as an advance parole document if USCIS determines it is appropriate to approve your request. This document gives you permission to leave the United States and return during a specified period of time. To apply for advance parole, you must file Form I-131, Application for Travel Document (see form on right). If you leave the United States without requesting advance parole, you may lose TPS and you may not be permitted to re-enter the United States.
i am graduating in jan 2017 and thinking using TPS EAD after graduation. After the end of TPS will i be able to apply for OPT again? have someone already have experience this situation of the loved one who has same situation. Please advice
LET ME SAY THIS AGAIN
If you travel outside of US without AP your TPS will be void . You will not know that until you renew it next time.
Because ? When you come back with H1b you I94 will show you travelled without AP thus that violates your TPS benefits and thus you will not be renewed.
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