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 USCIS Reply regarding TPS:

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Posted on 06-26-15 10:52 AM     Reply [Subscribe]
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Hello all,

"ONCE YOU APPLY FOR TPS, YOUR CURRENT STATUS BECOMES VOID". SO THINK TWICE BEFORE APPLYING. GET A FULL CONFIRMATION AT FIRST.

To come back to your original status once TPS ends, you should consult the uscis officer near your field office to get the 100% accurate answer.
I am making an appointment next week and get confirmation for my questions.

However,
Just to share the info that I received from USCIS Customer Representative.

They even don't have the answers to the questions I asked.

My question was:
1) Can H1B holders apply for EAD card thru TPS and work part time to another employer while maintaining full time with current employer and protecting H1B status ? Ans: "I Don't have an answer for that however, you can make an appointment to USCIS officer via our info pass and you will get all the information you need from him."

2) Can H4 apply for TPS ? Ans: "Yes, but current status becomes void and you will be protected by TPS". Can he/she come back to H4 after TPS ends? Ans: "You will get your full confirmation on that as well once you visit to the USCIS officer near your location."


Also,
EAD Card Holders: You can't have a two EAD card. (Thats for sure) Either you need to leave your OPT/H1B EAD Card and have TPS EAD Card or use your existing EAD Card. USCIS don't authorize two EAD card for the same person. If you plan to use TPS EAD card, once TPS ends, your employer need to file H1B, leave the country again and come back on H1B Visa.

So, H1B holders, I don't see any benefit on applying for EAD card thru TPS. ( I will get full confirmation on this next week as well)

All immigrant Visas can apply for TPS , EAD card and work but remember again, your current status becomes VOID. To know whether you can come back to the original status you had before applying to TPS, I don't have a perfect answer for that. But, if you have questions, I can ask with the officer next week and get answers.

Remember again, Once TPS is granted, your current status becomes VOID.


Good luck to all.

 
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Posted on 06-29-15 6:36 AM     [Snapshot: 2993]     Reply [Subscribe]
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jamie gorton law firm looks really knowledgeable in it's field and he is the first here to answer general curiosity we have. I was saying some of the same thing but couldn't articulate in attorney's language lol I concede . so in general he is giving you insight but if you have unique personal needs get help from him as TPS seems like one rule doesn't apply to all. I personally prefer non nepali attorney for nepal immg. issue for various reason. Some people in NY with no attorney degree  and experience are creating filing help with $500 donation to PM relief's fund but I called it bullshit and political move. our ambassador looks like spending too much travelling air and spending money so what's the point. not all case are similar and TPS seems like like chess move so unique situation people get legal help. the question is do you provide out of state service ? not everyone lives in your state you know!
Last edited: 29-Jun-15 06:42 AM

 
Posted on 06-29-15 7:23 AM     [Snapshot: 3038]     Reply [Subscribe]
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Looks like pretty much all the questions are answered.

Thanks Jamie Gorton for this useful information.

I should have used word "Suspended" instead of "VOID" for your current status. ( But again, that's what USCIS rep. told me)

@ suraj2062 and @ roomrent969:
If you are in H1b and get approval for TPS, your H1b will gets suspended and will be protected by TPS. And if you change your company from A to B, follow all the steps regarding "How to move to Employer B from A on H1B visa". If you simply change from A to B and your visa petitioner is still A, you violated the H1B status and you will be out of status once TPS ends. And since, H4 is H1B dependent, he/she will be out of status as well.

@ Gorton Law
I definitely can't risk my fixed 6 yrs of H1b status and apply for TPS. But, thank you so much for your valuable information.

Conclusion: Anybody can apply for TPS but need to maintain all the requirements to come back to their original status once TPS ends. ( As Gorton mentioned, H1b can't work on two jobs, can't simply change from company B to A and work to company B without changing the H-1B Visa Petitioner at USCIS, F-1 can't work more than 20 hrs/week , F-2 and H-4 can't work at all ).

Are there any questions that needs to be addressed for the USCIS officer ?

Good luck to all.
 
Posted on 06-29-15 8:00 AM     [Snapshot: 3081]     Reply [Subscribe]
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Gorton Law, I just did a quick research and found out you guys are a pretty well established and a reliable firm serving the New England area. If I have a personal query regarding TPS, what would your fee be for let's say a 10-minute session over the phone?


Thanks,
 
Posted on 06-29-15 9:37 AM     [Snapshot: 3284]     Reply [Subscribe]
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@coolbuddy: I got it from uscis address. Please check. 


Question: If an H-1B nonimmigrant obtains an EAD based on his or her TPS, can he or she
continue to maintain his or her H-1B nonimmigrant status?
Answer: A TPS beneficiary is granted an “open market employment” EAD. This means that the EAD gives him or her unrestricted access to employment in the United States. The fact that an H-1B nonimmigrant is granted this type of an EAD does not cause the alien to violate his or her nonimmigrant status, if he or she continues to act in accordance with the requirements of his or her approved H-1B nonimmigrant petition. However, the nonimmigrant will violate his or her H-1B status if s/he uses the EAD to engage in employment for a separate employer and leaves the employer listed on the approved I-129 petition.
http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/March%202012/TPS_Syria_QAs_03-29-12.pdf
Last edited: 29-Jun-15 09:39 AM

 
Posted on 06-29-15 10:09 AM     [Snapshot: 3384]     Reply [Subscribe]
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something helpful ..

https://www.youtube.com/watch?v=nzGmIFaTzA8

 
Posted on 06-29-15 12:24 PM     [Snapshot: 3586]     Reply [Subscribe]
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So far what I understood is:
even if we are in H1B, we can apply TPS and maintain the H1B status(work with H1B EAD) so that if something goes wrong in H1B, TPS will protect us.
Now, my question is:
my H1B starts on October 2015. I am planning to go Nepal when H1B starts and get married and come back in November/December. Once I will come back (with wife after H1B stamping) then I will apply for TPS. Would that be OK or in that case, I cant apply for TPS?
If I cant apply for TPS at that time, another option would be apply for TPS before going Nepal, apply for travel document then go Nepal, get married, have wife's H4 stamping (I have travel doc so i assume i dont need to go for stamping in this case) and come back.
Which one of above would be the good approach?
 
Posted on 06-29-15 1:09 PM     [Snapshot: 3698]     Reply [Subscribe]
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Sajha keto :
I hope I will answer you question to the best of my knowledge.
It all depends on when you are coming back as well. The initial registration filing for TPS ends on 21st December 2015. If you are coming at least 10-14 days before that then I would suggest you to do that. Why go through hassle and spend money on AP. And if you can easily work on H1B and no plans of working on TPS EAD for other employer then there is no point in filing TPS early, before u go to Nepal.
The other good thing is that you are your wife will give interview together and it is helpful for her as you are there to explain things to consular.

 
Posted on 06-29-15 1:25 PM     [Snapshot: 3740]     Reply [Subscribe]
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Stupida:
I heard that if I travel without tps and again come back and apply for tps, I will not get TPS as TPS is granted because of the situation in Nepal but when I come back and apply, I would not be in that situation
Last edited: 29-Jun-15 01:56 PM

 
Posted on 06-29-15 2:54 PM     [Snapshot: 3852]     Reply [Subscribe]
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@Sajha keto:

Since you mentioned H1b holders can apply TPS and maintain his H1b status, I have a question for you .

What will be your status once TPS gets approved? H1B or TPS ?? I know if you don't get an EAD , you won't be violating H1b status. But, so far what I have heard, your H1B will be terminated. And, you will be in TPS. Once, TPS ends and if you are working for the same employer and your H1b hasn't expired, you need to get a H1B visa from US consulate abroad providing the fact that you weren't violating any H1b requirements during your TPS period.

Apart from that,assume whatever I heard was correct, and still you apply for TPS, went Nepal with AP, and came back safely. How would you bring your wife here ?? TPS won't let you bring your wife here !!

Conclusion: We need a full confirmation what exactly TPS does for H1b holders !!!

 
Posted on 06-29-15 3:00 PM     [Snapshot: 3876]     Reply [Subscribe]
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Guys, I need help in understanding these--
i) Do you HAVE TO apply for EAD right when you apply for TPS or can you apply for this later?
ii) I understand there is a deadline for TPS (Dec 21, 2015). Do we have EAD deadline too?


Jai Nepal!!
 
Posted on 06-29-15 3:01 PM     [Snapshot: 3876]     Reply [Subscribe]
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@Adhibandhu:

Thanks for your information. I already read that long time ago. My question was, working part time with other employer and maintaining full time with current employer (i.e, stay with employer listed on the approved I-129 petition along with work part time with other employer).

Looks like, this is still violation of H1B. I will find the answer soon though. :)

But thanks again and good luck.
 
Posted on 06-29-15 3:06 PM     [Snapshot: 3882]     Reply [Subscribe]
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@ StatusPidit

Guys, I need help in understanding these--
i) Do you HAVE TO apply for EAD right when you apply for TPS or can you apply for this later?

First of all, though you don't want EAD now, you need to submit I-765 form along with I-821 stating you don't EAD. I think you cannot apply afterward for EAD separately. It is only Travel parole you can apply later once your TPS is granted.


ii) I understand there is a deadline for TPS (Dec 21, 2015). Do we have EAD deadline too?
If you want or don't want EAD, you have to submit Form i765 (EAD form).

 
Posted on 06-29-15 3:13 PM     [Snapshot: 3890]     Reply [Subscribe]
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@Statuspidit:

i) That's the second step. We need to resolve the first step though. What will be your status once TPS gets approved. If its's only and only TPS, then its really a bad news for F-1/H-1b holders unless they can get GC within TPS period.

Why its a bad news ? Ans. Because once you are in TPS, you can only adjust the status not change the status. So, you need to reinstate for F-1, H-1B visa with US consulate abroad providing the fact that you haven't violated your F-1/H-1B requirements during your TPS period. And, we don't wanna take this risk at all unless you are so sure that you will be granted visa anytime in future.

Also, within in this statement, there lies so many hidden questions.

PS: This is based on what I have heard. Need to verify from USCIS officer.


 
Posted on 06-29-15 3:21 PM     [Snapshot: 3932]     Reply [Subscribe]
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@coolbuddy
Read this carefully:

When the Secretary terminates a country's TPS
designation through a separate Federal Register notice,
beneficiaries return to the same immigration status they maintained
before TPS, if any (unless that status has since expired or been
terminated), or to any other lawfully obtained immigration status
they received while registered for TPS.

visit: http://www.gpo.gov/fdsys/pkg/FR-2015-06-24/html/2015-15576.htm
 
Posted on 06-29-15 3:37 PM     [Snapshot: 3961]     Reply [Subscribe]
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For H1B's you can apply for TPS but if you work for anyother employer besides one in I979 or I 129.. you will be terminated...Tht's my understanding... not much of help for H1B incumbent status but one can apply for TPS as a back up and not use the EAD.

But I have no idea how will TPS impact your travel. H1B you can travel without restriction but when you apply for TPS you need to get travel parole which is not 100% guaranteed.
 
Posted on 06-29-15 3:55 PM     [Snapshot: 4005]     Reply [Subscribe]
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yes you are right, for H1B its useful only when at the worst case, if you lose your job and you could not get within 10 days another job.


 
Posted on 06-29-15 4:21 PM     [Snapshot: 4054]     Reply [Subscribe]
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Please suggest me:
My conditions are:
1)for the time being, I meet criteria for TPS since I am staying here till the given date but as F2. # It means i can apply for TPS but won't get EAD since i am not allowed to work?
2) the second condition is, in the mean time i have applied to change my status from F2 to F1 and it's in process. Probably July ma confirm hola because if everything goes right, i'm taking classes from this Fall.

Now, i need suggestions for the following questions..
1. Can i apply for TPS after changing my status in to F1 which is yet to be approved? But will surely approved within two months. If yes, i am not thinking to apply EAD under TPS because you guys are saying it may create problem for the reinstatement later. I want to apply TPS only because i overheard that i can pay tuition fee as instate condition under TPS; and when i complete my study and if TPS got extended i'm thinking to apply TPS EAD later.

2) if i cannot apply TPS later after changing my status in to F1, im thinking to apply for TPS now (but my status is F2). So, my concern is, can i go college under TPS with F2 status? If i can study under this condition, can i apply for on campus job? What happens when TPS get terminated? I think i cannot apply for reinstatement later in this situation since i will be violating the rule as f2 are not allowed to work!

I don't know how this TPS works!!
Plz suggest me!

 
Posted on 06-29-15 4:40 PM     [Snapshot: 4113]     Reply [Subscribe]
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@ Samikshya,

to make your things simple:

1. First convert to F1, if it happens before Dec21, you would be eligible for TPS and EAD.
2. Contact school DSO and discuss about your change in status from F1 to TPS and if they provide in-state tuition and you can enroll class.
3. If school don't admit you, work work make money, for school. once TPS ends, apply for adjustment of status back to F1 and go back to school,




 
Posted on 06-29-15 7:23 PM     [Snapshot: 4268]     Reply [Subscribe]
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problemsolver, adjustment of status is when you apply for green card, change of status is when you go from one non immigrant visa to another. read these from theGorton law:

By definition, you do not need to maintain F-1 status if you go on TPS. However you cannot "change status" from TPS, you can only "adjust status" from TPS. "Adjustment of status" means "get the green card inside the United States without having to leave." "Change status" means "go from one non-immigrant visa to another." Example: B-2 -> F-1 = change of status. F-2 -> F-1 = change of status. TPS -> Green Card = "adjustment." Not trying to confuse anyone, this is just what they're called.
 
Posted on 06-29-15 7:27 PM     [Snapshot: 4283]     Reply [Subscribe]
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so if i understand correctly unless you have any means to adjust status say family petition or asylum you can not adjust the status. for change of status like you mentioned one has to leave the country and come back to change it.

. "Adjustment of status" means "get the green card inside the United States without having to leave.
 



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