Hi every one,
I just got my TPS and TPS EAD approved (Yeah!!) but the problem is I am graduating this Fall semester and is confused whether to apply for the OPT EAD or not. And If I apply for OPT EAD, do I have to cancel my TPS and TPS EAD?
How should I proceed?
Suggestion needed.
Thank you for reading.
If you have already started your TPS EAD then i think your status would go as TPS EAD ad far as I am concerned. But if you have not used your TPS EAD then I would say apply for OPT EAD and be in status as F1 and try working on OPT EAD. Keep your TPS status as backup plan. With your OPT EAD you will be able to work for a year depending on background of studies, in terms of STEM extended to 24 mths more. TPS just use it as backup. But I think i saw it in other posts as well saying you can apply for TPS EAD anytime even after registration period if you have TPS approved. But followup on that within other posts. I am not sure though
@guitercenter.: Thank you for the reply. I was haven't used TPS EAD, so i guess I will apply for OPT EAD now . I am following others post but I was not able to get a solid answer for my case. I will be following other post. again Thanks.
I don't think you will get another EAD is you already have one EAD card. One of my friend did the same and USCIS denied it saying he already has another valid EAD so new EAD cannot be issued. I am not sure if you have to cancel the first one to get the second one. Can you even cancel your EAD?
Cases may be different though, please check with USCIS.
I was told that I cannot have two EAD at same time. Even I have requested to cancel my OPT EAD but somehow it was processed. I was surprised by th date mentioned on OPT EAD card which starts from the next day of TPS EAD expiration. So, currently I have TPS EAD, if TPS didn't get renewed then I will still be able to maintain F1. By that time I will get some update about my PERM status. But my OPT EAD is only valid for 6 month. Let's wait till october month for announcement of TPS extension. I am sure it will get extended.
Last edited: 29-Aug-16 10:04 AM
@chyantey : Why do people lie? If you don't have correct information or complete information then either don't reply or just say it's your assumption. We are brother/sister or related by a thread of ethnicity, don't lead your brother/sister in a quagmire of wrong information. And for the present may be you are in good condition, but God forbid, you may get dragged into some difficult situation in near future and if someone gives you a deceitful suggestion. How will that feel for you?.
For Humanity, For Nepalese in abroad
Peace!
@Apthyaromafalekofarsi: I am not sure why you call it lying. I was giving you sincere opinion based on my experience.
It is not an assumption, I have read the letter from USCIS.
Also, I am questioning for info that I don't have.
Plus, I clearly stated "Cases may be different though, please check with USCIS. "
I don't know why you have to imagine about me being in difficult situation. We all have been through difficult times one way or other.
Peace
Do not tps ead if you can get opt ead. If you use tps ead, that will override your opt status, and you will no longer maintain opt status.
Do NOT use TPS EAD, if you can afford OPT EAD.
OPT EAD is far superior than TPS EAD. If you are currently on legal visa status, the moment you use TPS EAD, you loose your visa status and change to TPS status, which is by definition temporary, and inferior than your legal visa status.
Yes, you can have as many EAD as you want, the newest one will override the older one (in other words, make the older ones invalid), but you can still keep both of them.
What you CANNOT do in TPS EAD but do in OPT EAD?
- apply H1B visa, and have Change of Status from F1 to H1B without leaving US.
- apply Green Card (employer sponsored), and Change of Status to Green Card without leaving US.
- continue to stay on USA even after TPS expires, even if you decide to contine your education in future (re-instate is always an option, but no guarantee to be reinstated.).
Disadvantages of OPT EAD:
- Expensive to maintain status. Everybody knows how expensive schools are.
- Cannot work legally more than 20 hours on-campus or off campus at all (i know of exceptions such as economic hardship)
I wanted to let you all know, I know guys working in IT with tps ead and the dhoti consultant have already started their green card application. Just fyi.
SO many wrong suggestions here.
You can apply for H1b or GC on TPS , however you have to go out of country to get stamping on the way back. If however you have a F1 to along with it ...you dont have to.
SIMPLE AS that ...and no TPS EAD wont affecct your OPT EAD.
I am in similar situation and applied for EAD. Try to keep TPS as a backup option. Maintain f1 as far as possible that's best for you.
"What you CANNOT do in TPS EAD but do in OPT EAD?
- apply H1B visa, and have Change of Status from F1 to H1B without leaving US.
- apply Green Card (employer sponsored), and Change of Status to Green Card without leaving US."
The above info is incorrect. You CAN apply for H1B or Green Card from a TPS EAD as long as a company sponsors you after meeting DOL (Department of Labor) criteria. The only places that will not sponsor an H1B/GC, or even hire you for that matter, from TPS EAD are government/defense related institutions that require US citizenship and security clearance (NASA, Lockheed Martin, etc. Sometimes there may be positions that do not require security clearance but most of the times they will).
Someone on sajha also posted a spreadsheet some time back showing prior status of green card applicants and a bunch of them were on TPS. Not Nepalis necessarily but from other TPS designated countries.
Also, as for adjustment of status, you don't have to leave the country if you entered legally and have NOT been out of status. Check out my posts in the below thread for some subtleties regarding being out of status.
http://sajha.com/sajha/html/index.cfm?forum=55&ThreadID=117642
I am not an immigration expert but you should speak to one before acting upon my or any one else's advice on this forum. Good luck.
Last edited: 09-Sep-16 08:45 PM
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