Posted by: Gorton Law June 28, 2015
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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.
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.