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 TPS After OPT Application
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Posted on 06-29-15 6:09 PM     Reply [Subscribe]
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Hello All,
I Graduated on May 2015 and applied for OPT and waiting for my OPT card. Now the question is: I am planning to file for TPS and my case for OPT is still on process. I saw on USCIS website that the fees for the application with EAD and without EAD card are different ($515 with EAD and $135 without EAD). Should I file with EAD application or without EAD application because I will be receiving my OPT EAD card within July 2015? And I am planning to visit Nepal after TPS approval. I already paid the I-765 application fee during OPT process and Should I do it again for TPS? Any good information would be highly appreciated.
 
Posted on 06-29-15 6:15 PM     [Snapshot: 1]     Reply [Subscribe]
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One thing I cant understand, is what is the advantage having TPS, if you do not want to use TPS EAD?

Because many are of opinion that if in future you want to change to H1 b or green card . Having TPS status might interfere and can not do it from USA. We must go out of USA to do that, if I understood correctly.



 
Posted on 06-29-15 6:26 PM     [Snapshot: 17]     Reply [Subscribe]
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@ yurika, the only reason for not applying for TPS EAD is that I will be receiving my OPT EAD within few weeks. The application and the procedure are same. I am just not sure that should I reapply I-765 (Employment Authorization Form) for TPS or I Could use my OPT EAD for work authorization? And I included on my post earlier that I am planning to visit Nepal in future soon and that's the reason/advantage for me through TPS. I just need to be sure that weather I should file I-765 or not?
 
Posted on 06-29-15 10:00 PM     [Snapshot: 185]     Reply [Subscribe]
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I have a similar question: I have EAD via pending asylum which is good for a year. So If I apply for TPS right now and not apply for EAD. And then say suppose my asylum interview date comes after the initial registration period, which is dec 21. And then if I don't get the asylum, and since I am in status I can't go to court. So my EAD from asylum won't work because I got denied. In that situation can I apply for EAD from TPS even it is after the initial registration period?
 
Posted on 06-30-15 10:03 AM     [Snapshot: 357]     Reply [Subscribe]
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@great_sahayog

Are you graduating with masters or bachelors? I can see lots of benefits with TPS graduating (Spring 2015, Summer 2015, Fall 2015 and Spring 2016) with masters degree compared to bachelor degree.

Reason 1: OPT EAD expries after one year unless you are a STEM major (Still with STEM its 29 months) TPS EAD expires after 18 months and has a great possibility of extending another 18 months and so on based on the history.

Reason 2: We definitely have expired Visas and with AP , we can travel back to our home country and come back safely. (There might be some rules but F-1 holders shouldn't have any problems, I guess) But, with OPT , there is a less possibility of getting Visa back home.

Reason 3: You don't need to go thru H1b for GC filing. Your company can sponsor right away with that EAD card. And, with PERM filing and I-485 and all, masters can receive GC with in 1/2 years. Bachelors can receive GC with in 3/4 years. (These are just the assumption. I might be way below than the facts). But, looks like, you can receive your GC within TPS period if TPS gets extended for another 4-5 years.

There might be some drawbacks though. How do you bring your spouse here if she is back home with approved TPS?

PS: These are all my views based on the information I gained. Corrections are highly appreciated.
 
Posted on 06-30-15 10:43 AM     [Snapshot: 381]     Reply [Subscribe]
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Will USCIS issue 2 EADs (one for OPT and one for TPS) at the same time? If not, does the OPT EAD gets suspended/cancelled?

Sparrow
 
Posted on 06-30-15 11:09 AM     [Snapshot: 411]     Reply [Subscribe]
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once you get TPS EAD, all your pervious EAD's will be cancelled.
 
Posted on 06-30-15 2:00 PM     [Snapshot: 499]     Reply [Subscribe]
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@ Great Sahayog
I am also graduated this july 2015 and I already applied for OPT... I talked with USCIS representative on the phone they just told me u that I have to apply again TPS with EAD .....but representative was really confused whenever I ask any question she just hold me for long time... i am really doubt abt the representative.

 
Posted on 06-30-15 3:16 PM     [Snapshot: 523]     Reply [Subscribe]
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@cool buddy: one of your below answer is
Reason 3: You don't need to go thru H1b for GC filing. Your company can sponsor right away with that EAD card. And, with PERM filing and I-485 and all, masters can receive GC with in 1/2 years. Bachelors can receive GC with in 3/4 years. (These are just the assumption. I might be way below than the facts). But, looks like, you can receive your GC within TPS period if TPS gets extended for another 4-5 years

My question: I have J1 visa, and if I apply for TPS EAD, as I donot have any EAD (being on J1 visa, not permitted to work). Can I adjust just straightly go to J1 visa to filing 1-485 through my sister (sponsorship) or through the same employer later?
 
Posted on 06-30-15 3:56 PM     [Snapshot: 517]     Reply [Subscribe]
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@coolbuddy

Thanks a lot for the info. I just graduated in Nursing with Bachelor's Degree and I will be applying for TPS within week or 2.

@bakakalu
Looks like we are on same page at this time. I will go ahead and apply for TPS EAD card and lets see how it works.


 


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