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TPS to change of status denied ..Need help
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ktmboy85
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I have filed the adjust of status through my employer based on EB3. Change of status was denied recently with the reason of not maintaining the non-immigration status (F1). I was in OPT when I was granted first TPS in 2015. I applied for the OPT extension and it was approved as well. After the completion of OPT (2017), I have been working under TPS and never admitted to school.
Recently my employer filed the I-485 and I attended the interview as well. After few months of interview, I received a denial for not lawfully maintaining F1 status. Have any one been in similar situation before? Have any one has approved i-485 from TPS? Is there any attorney that can help on this ?
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Slazz11
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@ktmboy85...one question tho...In the interview did the IO mention any of these things or ask you to prove how you maintained lawful immigration status ? What questions did he ask in the interview? 
Last edited: 24-Jul-19 05:27 PM
Mr p
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@Slazz11 On my i485 class of admissibility is F1 as in the i94 .I never traveled back since my last entry in US and after TPS granted. should it be a problem for AOS since i am no longer in f1 status and only on TPS.
Is there anybody in same situation who was in F1 and never traveled after TPS got AOS done please advice.
Slazz11
· Snapshot 1802
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@Mr P Even i am on the exact same situation ... Left F1 two months after filing AOS as OPT ended and currently in TPS EAD .... recently done with interview waiting for results.....will let you know if any updates on my case
Last edited: 25-Jul-19 10:10 AM
Mr p
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@Slazz11 Thanks for reply. When was your interview completed and which location. Bit worried about interview and this process . Its confusing and even lawyer does not have clear answer.
HopeIsNepal
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Hey All,

Same boat here as well . F1 - TPS - AOS processing , and interview ko lagi kurdai ho .Haven't heard any such cases like ktmboy85's ... but it is worrying . I did travel out of country using combo card and says "DA" under class of admission after I returned which is normal - but middle ko time ma F1 maintain nagareko still remains while on TPS after OPT expired for me also. It shouldnt really matter and lot of people I know have got their GCs.

If anyone else got their cases approved/denied due to same reason recently , please update us here - thanks in advance. Cases usually do vary per individual , but never know what could go wrong .

~ Best Wishes .. Jay Nepal ~
Last edited: 25-Jul-19 11:09 AM
Slazz11
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@Mr P my interview was in Mt laurel Nj 5 weeks ago.....Now due to retrogression might be some more delay....As far as i know if you are in status the moment you file AOS you should be good .... Hoping for the best...and best of luck for your upcoming interview
nepal1827
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I know someone who was working in OPT then continued working with TPS. Did not maintain F1 and never left the country, he was not asked anything about f1 during his interview. His case was approved.

I maintained both f1 and tps. Went to Nepal and came back with AP. During the AOS interview I was asked about my status. I told them my f1 visa had expired but I have been maintaining my f1 status, case was approved.
chelseafc
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I'm assuming your lawyer might have applied for change of status from f1 to gc or can you confirm that it's from tps to gc? Did you provide all the documentation of tps/ead letters?
DevilAngel
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Normally this things can be explained in interview. Were you or your lawyer not asked about this during the whole interview process? Hire a really expert external lawyer, expensive but worth it as it seems like you were never out of status but just need to properly explained the case with evidences. Have seen in other forums that the expert lawyers overturning the much complicated cases into success. Research for immigration expert lawyer who have experiences with such or similar cases.
nepali786
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My two cents:

There must have been some confusion on the part of the officer. Some things are weird here.

1. NBC does all the processing for the interview. Before the interview was mandatory, it was NBC which approved the case. So if NBC had found you ineligible for change of status, I wonder why would they send the case for interview rather than directly rejecting it or asking for more evidence on your status. The interview officer must have missed something.

2. Have you checked your I-485 form and the supporting documents that was sent? Usually, a cover letter is also attached (which lists all the documents submitted/ your current status and all). It is always good idea to best put everything in the easiest way possible for the officer to see.

It would be best to bog the details down with your attorney, check all the documents submitted. I was on F1 until may but filed i-485 on Feburary and left F1. My wife is in TPS and when the attorney wrote the cover letter, they explained every detail on how we have maintained lawful status from first entry until I-485 is filed. We had discussed with three different attorneys and everyone agreed that being in TPS is sufficient for AOS.

Good luck! I am pretty sure you will pass this hurdle. Just check every documents sent by your attorney and if needed hire another attorney to go through appeals and all.

Nash Gurung
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sabailai namaskar. I have some questions:
1. H1B or GC approved huna hami F1 status mai hunuparne ho ki only TPS is enough?
2. mero F1 visa february 2020 ma expire hudai xa. so H1 file garna ko lagi maile F1 visa status renew garnuparla ta Nepal gaera, even if i keep going to school maintaining the status with the expired visa?
3. ani arko kura. TPS ma huda just to maintain status, hamile english class ma enroll huna kattiko suggest garnu hunxa? ki ramro college mai januparne ho for advance degree like Master?
Dhanyabad tapai haru ko answers ra time ko lagi.
itiahariko
· Snapshot 2999
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@ nash gurung u have to to a degree equivalent or one level up than what is in ur i 20 going school for english will not help. for example if u have bachelers gota go masters
ktmboy85
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Applied for motion to re-open. Hope everything will work this time.
Slazz11
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@ktmboy...All the best sathi...Hope everything will be good this time...Please keep us posted
nepal2usa2008
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Hello,

Please share any recent interview experiences for folks who are currently on TPS and similar status ? How was the interview , what questions , or any similar issues ?

thanks in advance ! Jay Nepal !

texas001
· Snapshot 4507
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There is no bar in adjusting status from TPS to GC, if you have maintained your status prior to receipt of TPS status.

Also, read the memorandum issued by USCIS.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2019/Matter_of_H-G-G-_Adopted_Decision_2019-01_AAO_July_31_2019.pdf

In addition to showing that he or she has been admitted or paroled into the United States, an applicant who seeks to adjust
status as an employment-based immigrant under section 203(b) of the Act, 8 U.S.C. § 1153(b), also must establish that he
or she is “in a lawful nonimmigrant status.” Section 245(c)(7) of the Act, 8 U.S.C. § 1255(c)(7). Likewise, to change
nonimmigrant status while in the United States, an alien must demonstrate that he or she is “continuing to maintain” lawful
nonimmigrant status. Section 248(a) of the Act, 8 U.S.C. § 1258(a). For example, if an F-1 nonimmigrant student was
granted TPS while still in her duration of stay in F-1 status, and her duration of stay subsequently expired, the student
would not be disqualified for adjustment or change of status because of the expired F-1 status due to the protection provided
by section 244(f)(4) of the Act.
Nash Gurung
· Snapshot 4559
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sir ma aile f1 ma xu ani tps approval wait gardaixu. ani mero f1 visa february 2020 ma expire hudaixa. so maile TPS aile yo month ma approve hune ho vane F1 xodida hunxa before february 2020, considering i will be applying for employment based GC in near future if TPS doesnt get expired next year? dhanyabad.
ktmboy85
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Thank you everyone for your suggestions and well wishes. I have filled MTR and I 485 got approved recently.
pyackman
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On the same boat, waiting for interview for AOS based on DV lottery. Biometrics got waived.
Om123
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Last edited: 17-Aug-20 01:47 PM
Last edited: 17-Aug-20 01:47 PM
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