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 Suggestion for USCIS regarding TPS
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Posted on 06-28-15 3:24 PM     Reply [Subscribe]
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Overwhelming TPS inquiry is a clear example that the demand is high. However, the supply of information is very limited. For example, somewhere else it is mentioned that there are two visas. Weak and strong visa. I don't know what category j1 visa belongs to. I simply believe this is related to grant. If there is grant, there is research, employer can hire. If there is no grant, you are fired. My contract is lasting till April
 
Posted on 06-28-15 3:30 PM     [Snapshot: 10]     Reply [Subscribe]
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Continued: however, I am not sure if j1 visa holder can be protected. Visa rules that they create should be simple and understandable as a layperson. If I were officer in USCIS, I would,have started 24 hr hot line plus chat services to properly dissemination info.
 
Posted on 06-28-15 5:51 PM     [Snapshot: 129]     Reply [Subscribe]
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there are no weak and strong visas.. thats bull...i think Nepalis who come here are in college and or have finished college and easily understand the terms which USCIS describes as immigrant and non immigrant visas. Temporary protection is just a projection that lasts until it lasts. Good thing is it gives work permit and advanced parole but what about the future, how easy is it go go to other immigrant Visas such as h1b ( dual intent) or GC is the main question. why is is personal question? all f1 and h1bs are asking the same questions in here and no body is giving straight answers.
 
Posted on 06-28-15 6:08 PM     [Snapshot: 152]     Reply [Subscribe]
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Yurika,

J1 is a student visa, however the moto of TPS is to provide safe stay in US as you don't have safe place if you go back Nepal. Hence, any visa category can apply TPS and you are in J1, you can.

The question comes, once you get TPS and start working with EAD, your J1 visa gets void, you will be no more holding J1-Student Visa. You will be in TPS visa, where you can apply job in any field, if you get hired, your employer wants to file H1/GC, there is no barrier.

If you have cleared your college, it's best to apply TPS, if not you have to sacrifice one thing.

I suggest carry on your college, you have education , you will get job in anywhere in the world.

rest is your decision.

thanks,
Chris
 
Posted on 06-28-15 6:08 PM     [Snapshot: 152]     Reply [Subscribe]
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Yurika,

J1 is a student visa, however the moto of TPS is to provide safe stay in US as you don't have safe place if you go back Nepal. Hence, any visa category can apply TPS and you are in J1, you can.

The question comes, once you get TPS and start working with EAD, your J1 visa gets void, you will be no more holding J1-Student Visa. You will be in TPS visa, where you can apply job in any field, if you get hired, your employer wants to file H1/GC, there is no barrier.

If you have cleared your college, it's best to apply TPS, if not you have to sacrifice one thing.

I suggest carry on your college, you have education , you will get job in anywhere in the world.

rest is your decision.

thanks,
Chris
 
Posted on 06-28-15 7:15 PM     [Snapshot: 241]     Reply [Subscribe]
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And chris , what makes you think that TPS can not go to school? you can get TPS and still go to school and even better you can graduate and look for jobs with your tps permit. If i am not mistaken, if i have i am sorry, you sound like you believe once your're on tps you can not go to school. TPS can go to school or work without restrictions, right?

"If you have cleared your college, it's best to apply TPS, if not you have to sacrifice one thing.

I suggest carry on your college, you have education , you will get job in anywhere in the world."

 
Posted on 06-28-15 7:42 PM     [Snapshot: 285]     Reply [Subscribe]
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Guys guys guys!!! I think ya'll are missing a point here. Where has it been mentioned once you are approved for TPS, your current visa status (say, F1, or J1, etc.) gets void?
 
Posted on 06-28-15 8:07 PM     [Snapshot: 306]     Reply [Subscribe]
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@yurika Unfortunately USCIS is funded entirely through user fees, so the guidance they give is as good as it gets :-(

@loperthera I used the phrase "Weak Visa" versus "Strong Visa" to compare the benefits of different visas. Someone who is F-2 or H-4 and can't get work authorization are obviously getting fewer benefits than an H-1B, even though F-2, H-4, and H-1B are all "non-immigrant visas."

I mentioned elsewhere that a person on TPS can adjust status if they have an immigrant visa available. For example, someone on TPS marries a citizen and they are otherwise eligible = OK for green card. Someone on TPS has an approved I-140 and that visa is current = OK for green card.

H-1B is NOT an immigrant visa. When someone talks about H-1B having "dual intent" they mean that it is OK to come to the US on an H-1B visa with the intent of getting a green card; but you still need an approved visa. You do not need H-1B to get an EB, that's just how many people do it because they use the H-1B to stay in the US while they wait for the EB.

@ ProblemSolver TPS is not a visa, it is a status. You can't travel on TPS like a visa, you need travel papers. But I agree that it is good to finish college!

@ Loperthapa You are right; the school will be happy to keep taking your tuition money! Nothing stopping a TPS holder from finishing school.

@StatusPidit TPS does not "void" your status. However, you may lose your status if you do something that isn't permitted. Example: F-1 student uses EAD to work 21 hours per week and loses F-1 status. H-1B uses EAD to work to two companies and loses H-1B status. The only benefit for keeping an F-1 or J-1 visa in status is the option to "change status." If you have a path to a green card through an employer or family member than it is not as important to be able to "change status." This is why it is a personal question: it depends on if you're married, single, what kind of degree you have, etc.


 
Posted on 06-28-15 8:14 PM     [Snapshot: 315]     Reply [Subscribe]
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Gorton Law,

Based on this conversation, I am more clear with the term " Change of status" and "Adjustment of Status". Lets take an specific example:

F1 student working now in extended OPT (STEM), might have chance of H1B but not now, he is still in OPT. Wife F2 visa holder, now the question is: Lets say that both F1 and F2 apply TPS, the question is what would be his current EAD status (OPT of F1) once they got TPS EAD. Once TPS ends, what would their status look like, very confusing, how they are connected at the end.
 
Posted on 06-28-15 9:05 PM     [Snapshot: 385]     Reply [Subscribe]
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@maryoamericale

You're right, this gets very tricky!

OPT has restrictions. If someone is on post-completion OPT they need to maintain their F-1 status, they can't have 90 days of unemployment, they must work in their field, and they must meet certain other reporting requirements.

These restrictions do not apply to work authorization through TPS.

What happens when TPS ends? According to USCIS you "Revert" back to the status you had before TPS, unless a different immigration status has been granted. Here is an example:

Jane was on F-1 until she applied for TPS. She either stopped going to school so she could work, or she finished her degree while on TPS. Imagine that DHS ends TPS quickly (December 2016, just for our example). Jane "reverts" back to F-1 except she is not in school, meaning she is out of status because she is not following a full-time courseload as specified on her I-20 etc etc etc. So, she is in the same position as anyone else who is out of status: they need to go back to school and have the school "reinstate" the F-1*, or leave, or apply for asylum, or apply for a green card, etc.

* DISCLAIMER: I do not represent universities so I am not familiar with the process of reinstatement of the F-1. Please look into this further with someone from the school if this is your concern.
 
Posted on 06-28-15 9:12 PM     [Snapshot: 403]     Reply [Subscribe]
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Here is a link to the press release issued by Legacy INS when TPS for Bosnia ended:

http://www.uscis.gov/sites/default/files/files/pressrelease/TPSBosnie-Herzegovina_083000.pdf

The answers on that document are very good and come straight from Legacy INS.
 
Posted on 06-28-15 9:52 PM     [Snapshot: 451]     Reply [Subscribe]
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@gortonlaw what will happen if an h1b holder gets TPS EAD works in the same company and TPS times out say after 18months and h1b is also about to expire around the same time. Can he work on TPS EAD and recapture remaining unused h1b work authorization time. Thanks.
 


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