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newarKeta
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 !! Applying for OPT on TPS with F1 status !!
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Posted on 05-24-18 10:35 AM     Reply [Subscribe]
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I am currently on TPS with EAD but also have been maintaining my F1 status without any gap. I am doing my Masters and will be graduating this December 2018. In 2016, I went to Nepal and entered U.S. on TPS Advance Parole Document, since my F1 visa was already expired. So, my most recent I-94 has been stamped as TPS (class of admission: CH). My question is -

- When I apply for OPT in  December, will there be any problem because of my I-94 with my class of admission, even though I have my F1 status?
- If my I-94 has class of admission as CH, does that mean I need to change my status to F1 by re-entering to the U.S, in order to qualify for OPT? Or, are there other options?
 
Posted on 05-24-18 10:47 AM     [Snapshot: 20]     Reply [Subscribe]
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This is a complex scenario. You might want to consult with your DSO or an immigration attorney.

On a layman's perspective, since you entered the US with an I-94 that is of another status, your F-1 could have been automatically forfeited.

Did you get your I-20 endorsed at the time of exit via your DSO? Did you mention your F-1 status at time of entry? An advance parole should have worked regardless of your status and your I-94 could still have been an F-1 based.

 
Posted on 05-24-18 11:01 AM     [Snapshot: 41]     Reply [Subscribe]
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When you Renew TPS what do you list as your current status- TPS or F1? Also the same question for status when entered US?
 
Posted on 05-24-18 11:09 AM     [Snapshot: 54]     Reply [Subscribe]
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Both. TPS is a blanket status. It will not affect F-1 if you go by the rules of F-1.

So basically: F-1/ TPS
 
Posted on 05-24-18 11:49 AM     [Snapshot: 87]     Reply [Subscribe]
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pyackman - yes, I got my I-20 before leaving U.S. And I did mention that at the port of entry, but since I was traveling on advance parole.. they stamped it as TPS.

nepal1827 - F1, and same for the earlier renew as well. Since as per my college, I am still maintaining F1 status
 
Posted on 05-24-18 11:54 AM     [Snapshot: 100]     Reply [Subscribe]
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looks like you are good to go then buddy. Just don't use TPS EAD for work. Worst case scenario would be you getting an RFE for your OPT, but I am confident your DSO will be able to take care of that.
 
Posted on 05-24-18 3:45 PM     [Snapshot: 179]     Reply [Subscribe]
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Hi NewarKeta,
As far as I understood, if you enter US using TPS AP, your F1 status terminates right then and you are no longer in F1 status, even though you continued to maintain your F1. There is a discrepancy between DSO and USCIS determining the valid status. Just because DSO thinks you are in status, it doesn't mean anything. Thing that matters is what USCIS thinks. One of my friend was in the very same situation and an experienced lawyer told him the same.

My honest suggestion would be talking to an experienced lawyer and ask him about your situation. Please let us know what you find.

Good Luck!
 
Posted on 05-24-18 5:23 PM     [Snapshot: 238]     Reply [Subscribe]
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What if I worked on tps OPT while on F1?
 
Posted on 05-24-18 5:38 PM     [Snapshot: 255]     Reply [Subscribe]
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@ajoshinp: Not sure what you are asking, but in case you are saying if you worked on TPS EAD...then your F1 status is technically invalid and you are in TPS only. However if you have a TPS EAD and an OPT EAD and only used OPT EAD then you are still in F-1. Again, this is only a technical rule and nothing falls in automatically.
 
Posted on 05-24-18 5:53 PM     [Snapshot: 282]     Reply [Subscribe]
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newarketa . Seems like u and me r both out of status
 
Posted on 05-24-18 10:05 PM     [Snapshot: 360]     Reply [Subscribe]
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thank you everyone for the suggestions.

I am also talking to my lawyer and college DSO, and will keep you guys posted.
 
Posted on 05-24-18 10:06 PM     [Snapshot: 366]     Reply [Subscribe]
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@ajoshinp, your situation is different. If your DSO was okay with you working on TPS EAD, you may not be out of status. BUT USCIS may interpret it differently.
 


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