TPS Q/A for Nepalese with H1/H4/F1/F2 Status:
Hello All,
I met with an USCIS officer yesterday. Here are the few info I received from them.
TPS kills your previous status but you can come back to your original status once TPS ends and you must be maintaining that previous status. As that being said:
For F-1 : If you did/will graduate in 2014/15/16 and didn't make in H1b lottery, Good news. Apply TPS and then work for the company and tell them to file I-140 directly.
For F-1 graduating after 2016, Apply TPS, apply EAD, work if you want but ask DSO to keep your sevis active and mention you will be maintaining full time (taking minimum course hours). (You dont have to mention, oh, I will be working off campus since I will be having my EAD. Some stuffs need to be kept secret. ) As long as your sevis is active, you can come back to F-1 status once TPS ends.
OR, for F-1, apply TPS and apply economic hardship so that you can work off campus, work more than 20 and still your sevis remains active and you can come back to your original status.
(Regarding working more than 20 hours off campus or on campus. How can USCIS verify you have worked off campus or on campus? Many of us have worked with SSN back in those days and now they have a GC in their hand. Working shouldn't be a big deal at all. If USCIS comes for a random check, you have an EAD. So, you should be just fine. My view though!!!)
H1B: No good at all, kills your current EAD and once TPS ends, you need to apply for another EAD which might be tough to be selected next time.
H4/F2: Apply TPS and EAD, work, study and then later if your spouse didn't file for I-140/I-485 till that time, you guys need to leave the country again and come back again with dependent visa. Take it on your own risk. :)
B1/B2: Enjoy the TPS. You guys can stay until TPS ends.
J-1 visa: As long as your company sponsors you and you will be able to file I-140/I-485 with in the TPS period. You can adjust the status. Time plays a role here.
Good luck to all.
(PS: I am not a lawyer and all the info I received was based with the interactions with that Officer. In one of my questions, his answer was: Was Nepal granted a TPS? LOL, and he was a supervisor of that location. So, Administration doesn't know much either. Again, Believing or not is your choice )
@saptarangi,
F-1 Student Seeking Optional Practical Training in an Occupation Directly Related to Studies:
(c)(3)(A)--Pre-completion Optional Practical Training; (c)(3)(B)--Post-completion Optional
Practical Training; (c)(3)(C)--17-month extension for STEM Students (Students With a degree in
Science, Technology, Engineering, or Mathematics).
Thanks Biomed. Another question, i dont have birth certificate and many dont have i guess. Is it required?. For this TPS EAD , i think we need to send old opt card, all i20s, passport copies etc?Just need confirmation. Once again thanks for your help.
@ saptarangi,
Passport should be enough in our case. You are right about the necessary documents though still not sure about old i20s.
@all
I had OPT EAD in my earlier degree so not sure which one should I pick for TPS EAD.
Form i765, I am applying for:
- Permission to accept employment
- Replacement ...
- Renewal ...
Sathiharu ho maile TPS file gareko 2 weeks bhaisakyo still not heard anything from them. Delivered bhancha but they haven't received receipt number yet. I sent money order instead of personal check. If I would have sent personal check, I would at least know they cashed my check and received documents. Anybody on the same boat?
I consulted an attorney. As per his explanation, TPS is a benefit and therefore it does not take away/ terminate your existing status or EAD you already have. You will have a choice to use one whichever benefits the most.
Currently I am on H1. I have applied TPS including EAD and planning to visit home in Advance Parole so that I don't have to go to US embassy for visa stamping.
@resham32
Will you still have your H-1 B status maintained? Every one says that it will remove your status?
Can you travel without AP document, if you have a visa stamped on your passport?
I definitely will be working on H1B. I just applied it in case if I lose my H1 Status I will have TPS status handy with EAD. I am trying to stamp visa as well, but in case my visa gets rejected, I have AP to enter US.
Last edited: 14-Jul-15 01:23 PM
Friends,
My mom is here on b-2 (visitor visa). thinking of applying for TPS.
Q1. What happens to her B-2 visa that is for 5 years?
Q2. TPS application requires that you prove continuous physical presence/continuous residence. what documents might be help prove that? I mean she is been living with me and hence no bank records, vehicle registration etc..etc.. that Form I-821 says could be used to prove such.
Thanks.
@ resham32
This is new. So, I can maintain my F1 - OPT status and get TPS and then travel in AP , come back work on same OPT -EAD and apply for TPS -EAD later.
There are many conflicting opinions. whom did you consult?
Did you apply for your AP document as well along with your TPS document?
Nothing will happen to her B2 VISA. After TPS expires,she can go back to B2.
What is the valid date on her I-94?
The only confusion here is that if I-94 date expires before TPS approved then what will happen to the states?
@info_khojeko
I consulted to a lawyer. You can only apply AP after you are granted TPS.
For the continues stay, you can ask any organization or your company to write a letter. You can also send pictures if you can proof the date and place on that picture. You can any thing that show the presence on US.
Like resham said, to apply for your AP (Advance Parole/Travel document), your TPS has to be approved first.
I have a Ms STEM degree and currently working in 17 month OPT extension. My OPT will expire in December. I am about to apply for TPS. Before I do, I have the following questions;
-If TPS application gets accepted and EAD is granted, will the start date start be when the current OPT EAD expire?
Thanks sajha mitras.
I don't think they will match the ending and new date of the EAD.
When your TPS EAD get approved, it will start right away, and your old EAD gets terminated.
Last edited: 16-Jul-15 12:11 AM
"For F-1 : If you did/will graduate in 2014/15/16 and didn't make in H1b lottery, Good news. Apply TPS and then work for the company and tell them to file I-140 directly."
I don't think you can skip labor certification and perm process and go for i140 directly. Correct me if I am wrong.
@jahbles...
You are correct !! I forget to mention that. Of course , those are the min requirements to file I140.
This info is really helpful. I am graduate in December 2016, so applying only for TPS, but TPS and EAD for my wife (on F2). Is there way that a F2 working for a company can receive H1 status. I think there is a very rare F2 to H1 transition, but is it possible.
Thanks,
When your wife gets EAD, company can sponsor her for H1, or GC on employment. To change the status, someone has to be in legal status while applying for TPS, if not then it's gonna be very hard/almost impossible.
I am a F1 Student. I want to apply for Fee Waiver for TPS I-765. According to the instructions, I have to send a copy of my tax returns to provide evidence that I have low income. But I cheated on my tax and got a little more in tax return than I was supposed to. Will USCIS care about this or will they use my tax terurn just to see my income? Please Help me!
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