I am on H4 and want to file TPS and EAD. anybody is on the boat ? Is it possible to go to F1 when i run out of EAD time frame ? any suggestion will be highly appreciated .
thanks
mt77,
Whats the wait for? You should apply asap. You will continue to have ur H-4 status regardless of TPS status as long as your principal H1 holder is maintaining his/her status. You should be able to change ur status without any issue as long as you have maintained the H4 status. TPS tend to get extended for a long time. Hopefully you never have to change ur status and have the greencard before the TPS ends. Lets hope TPS stays forever. :)
Gwaach
mt77,
You can and should apply TPS with EAD and work outside instead of staying at home ideal. Don't worry about the future, the worst case scenario would be you have to go back to Nepal and apply H4 visa again. Please ask your spouse to maintain H1B status. Go for TPS ASAP, don't waste the time.
Yes, I think H4 can apply for EAD and TPS at same time and work. However, there are lawyers that are dubious whether working on TPS would violate the F2 status. Anyway, TPS usually last number of years. You can look at the history of TPS and I have never seen TPS being ever terminated.
@abnish
There are many countries whose TPS got terminated in the past. Many countries like Angola, Bosnia-Herzegovina, Burundi, Kuwait etc. Kuwait got it for only 18 months. So don't think Nepal TPS is for forever.
And H4, F2 can file TPS with EAD and work as long as the spouse H1B, F1 maintains their status.
@npli_girl : I didn't know that Tps got terminated in the past. Thanks for that info.
Thank you all for your inputs. I will go ahead and file. And yes lets hope it will benefit all of us.
thanks again.
Say you got TPS and EAD approved. Doesn't working on that EAD violate your H4 guidelines? (Assume H1 status is maintained)
@saiko
Yes working on TPS EAD violates the H4 guidelines. So once TPS gets terminated, you won't be on H4 and to be on H4 again you have to go to Nepal and apply visa. You have to take this risk if you would like to use TPS EAD.
@npli_girl: You have to take this risk if you would like to use TPS EAD.
The risk is the deal killer :(
@saiko
I don't think this deal is the killer deal. It is easy to get H4 visa Nepal if the H1B spouse is maintaining their status fine.
@npli_girl,
I tried to confirm this with couple of Nepali lawyers. Got conflicting responses. I am wondering, is there any way to confirm that H4 will terminate after TPS/EAD is approved? and One has to go back to Nepal to reapply the H4 visa?
@Kleen_Np
I have talked to my husband's employer Lawyers. They are very good lawyers of a very good IT company (american). The lawyer said, once you use the TPS EAD, you will violate the H4 guidelines and if you violate the rule your H4 status will be terminated and you will be in TPS status. Once TPS gets terminated you have to go back to Nepal and apply H4 visa again if your spouse is holding H1B.
I just talked with a Lawyer as well:
According to him, when you are approved for TPS, your H4 status will be void (no matter if you apply for EAD or not). And after TPS expires, if your principle applicant H1-b spouse is still in status, you will be automatically reverted back to H4, without leaving US.
So many conflicting answers from different lawyers. What to do?
Guys don't get confused.
This is what written On Wikipedia about TPS
TPS does not lead to permanent resident status (green card). When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS.
@Ranikhor
I found the same information on USCIS website. But the question is: Will the H4 terminate or expire once the TPS/EAD is approved?
IMO, If the H4 is maintained while we work with TPS EAD, then we all are good.
Any more light?
After TPS expires, beneficiary hold his/her old status. If H1B is valid and so is H4. If F1 is valid, so is F2. You do not have to leave the country and re-enter with new H4 or F2.
Last edited: 15-Jul-15 09:16 AM
Guys, I am trying to complete I-765 form for my wife's EAD. She is currently in H4 Visa and looking to apply for TPS and TPS EAD. Does anyone know what to enter in question number 16, 17 and 18 ?
Last edited: 15-Jul-15 07:57 PM
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