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 TPS-F1-visa questions
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advance parole tps travel f1
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Posted on 11-01-15 10:58 AM     Reply [Subscribe]
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Namaste,

I went through many threads but couldn't get the exact answer I was looking for. I would be grateful if someone replied to my doubts.

1) What exactly would happen to my F-1 status if I apply for TPS ? I should maintain my F-1 while in TPS also right ?

2) Should I apply TPS through an attorney lawyer or can I do that myself ? I saw a thread which tracks people's update, but is there a thread that teaches me how to do apply?

3) I have to go Nepal this summer. Will applying TPS affect my visa ? I was previously on F-1 and OPT and I am now doing my Masters. My visa expired 3 years ago. What do you suggest ? I saw few threads where people said it'd show immigration intent.

4)Do I have to apply for visa if I have TPS ? But re-entry isn't guaranteed isn't it ?





 
Posted on 11-02-15 11:58 AM     [Snapshot: 115]     Reply [Subscribe]
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1) What exactly would happen to my F-1 status if I apply for TPS ? I should maintain my F-1 while in TPS also right ?

- If you maintain full time student status, 12 credits, I guess, you remain in F1. If you inform your college that you have TPS and did not take 12 credits, you are in TPS and F1 is invalid. Once TPS is expired, you have to enroll again to college with 12 credits. Once you use EAD through TPS, your F1 status will be changed to TPS. remember, one can not remain in two valid status F1 and TPS at the same time.

2) Should I apply TPS through an attorney lawyer or can I do that myself ? I saw a thread which tracks people's update, but is there a thread that teaches me how to do apply?

- No need to apply TPS through lawyer, its simple and follow the instruction and if you get confused, you can always ask in the forum here. Use I-821 for TPS and I-765 for EAD and 1145 for email notification.

3) I have to go Nepal this summer. Will applying TPS affect my visa ? I was previously on F-1 and OPT and I am now doing my Masters. My visa expired 3 years ago. What do you suggest ? I saw few threads where people said it'd show immigration intent.

- While applying TPS, you can also apply for Advance Parole (Travel Documents). Even if your visa is expired, you can apply with that passport. You just need the Nationality proof. You do not need to renew visa if travel outside US with TPS Advance Parole. As long as F1 OPT is valid , you are still on status and visa expire does not matter to travel outside with advance parole.

4)Do I have to apply for visa if I have TPS ? But re-entry isn't guaranteed isn't it ?
Since you are in F1 and once you get TPS with advance parole, you do not need to renew visa in Kathmandu. You can show the advance parole at the port of entry but that does not guarantee to enter US as it is entirely upon the immigration officers discretion to decide. for example, they will check your background and being at F1, if you have worked using social security, they might raise their eyebrow. So, in this case, its always better to consult any Nepali Lawyer who provide you the best solution. But remember, once you travel outside US with TPS advance parole, your F1 will not longer be valid and your current status will be in TPS even if you take full 12 credits. So decide wisely and act smartly.
Last edited: 02-Nov-15 11:58 AM
Last edited: 02-Nov-15 11:59 AM
Last edited: 02-Nov-15 12:00 PM

 
Posted on 11-02-15 12:06 PM     [Snapshot: 125]     Reply [Subscribe]
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Working on ssn while on f1 won't be a problem at port of entry. But if you were out of status during anytime they might inquire you about that. If you have valid believable reasons they will let you in. I am talking with personal experience.
 
Posted on 11-02-15 12:49 PM     [Snapshot: 165]     Reply [Subscribe]
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I am currently in F1 status (studying masters) but my visa expired 3 years ago. i am working with CPT using my F1 status. I applied for TPS, EAD & Advance Parole. I received EAD & Advance Parole but I haven't received TPS approval yet. On the AP document, there is a 'Notice to Applicant' section that says "Presentation of this authorization will permit you to resume status pursuant to your grant of TPS or to continue your pending application for TPS upon your return to the United States". Based on this, I am assuming that I can visit Nepal and return without any issue even though I do not have TPS yet. I consulted with attorney who said that there shouldn't be any problem. But based on what you said about my status changing to TPS from F1 if I use AP document, i am confused because technically I don't have TPS yet. Can you please advise? If you know of any good nepali lawyer who is knowledgeable about this, can you please suggest their name?
thank you
 


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