Posted by: bakwaas_kura August 26, 2015
F-2 TPS Applicants Beware!
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Hi all... After getting suggestions from other Sajha users and watching interviews of several attorneys, I had decided to submit an application for TPS + EAD for my F-2 wife. But I wanted to make sure that she'd be back to her F-2 status when TPS expires. I consulted with my ISO advisor and the response I got was that working under TPS EAD violates the terms and will void the status, at least for F-2. Just a heads up for all F-2 status holders. Here's the actual response I got: After consulting with several attorneys and doing some extensive research, and I have an answer for you. Unfortunately, it also means what I initially thought was correct and it is not advisable for her to work with an EAD based on TPS while holding F-2 status. You and your wife can apply for TPS, if you would like, and the accompanying EAD, because holding TPS and F-1/F-2 status is fine. However, if your wife decides to work using the EAD, even if it’s for a small part time job or odd jobs here and there, we will need to be notified immediately to end her F-2 status, as working on the F-2 is prohibited and we don’t want to have her violate her F-2 status and jeopardize her immigration status or future immigration status. She could remain on TPS in the U.S. should she choose to do so. However, should the TPS end prior to you completing your program and she need to be re-instated as an F-2, she will need to travel outside the U.S., obtain the F-2 visa stamp, and re-enter the U.S. This may be difficult and you should both be prepared for that. My best advice would be to have her find a position that is willing to sponsor an H-1B for her and change her status so that she can work.

I've asked a few more questions to the advisor and will post the responses I'll get. If anyone has anything to contribute, please feel free.
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