Ruben, Can you please explain your understanding, if F1 OPT apply TPS EAD and works with TPS EAD, can he have option to apply H1B, his status, as well as how his F1 can be reinstated?

maryoamericale · Jun 26, 2015 11:34 AM

maryoamericale, if you find a sponsor for your H1B, I don't see why you can't. But if your H1B gets picked up you might have to go to Nepal and get stamping so that your status changes from TPS-EAD to H1B-EAD. You can be reinstated to F-1 after the TPS-EAD by virtue of "8 CRF 214.2", which states that (1) The violation of status resulted from circumstances beyond the student's control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for reinstatement; or

Ruben123 · Jun 26, 2015 12:02 PM

@ruben what about the existing h1b holders will they have to go back to stamp if they get EAD THROUGH TPS. Please provide your insights ..

MTEVEREST8848 · Jun 26, 2015 12:20 PM

@Everest, Once you apply for TPS, your H1B becomes VOID. You will no longer be in H1B.

damauli_guy · Jun 26, 2015 12:37 PM

MTEVEREST8848, I do not have much info regarding existing H1B condition. I would assume, if you happen to use TPS-EAD, your H1B is of no use and hence gets voided. But, you could maintain your H1B in parallel (this include: being dependent on the sponsor, extra taxes etc) and save TPS-EAD for rainy day. yes, you might have to go back to your home country for the stamping. I have seen new information in other threads that you could be reinstated to H1B if you could find a employer within 30 days (hope this is true, not so sure about it).

Ruben123 · Jun 26, 2015 12:38 PM

@Ruben123 Once TPS granted...What if he/she wants to come back to his/her spouse's H1 as H4 or his/her GC-EAD during or after TPS stops. Is that possible?

OZAR · Jun 26, 2015 1:18 PM

OZAR, there is this piece of info spreading around in facebook. i think, it's some sort of Nepalese law firm in US. I hope this answers most of the questions: Link: https://scontent-ord1-1.xx.fbc...

Ruben123 · Jun 26, 2015 1:35 PM

There is so many wrong infos here , My experience , consulted with multiple lawyers TPS and F1 can be maintined in Parallel , do does H1b and TPS TPS to GC or H1b will be consular processing unless you maintain F1 in parellel or reinstate.

fdpower · Aug 18, 2016 5:03 PM

Any one gone for H1B stamping after TPS? I scheduled my interview for October and just wondering if any more document are required (other than TPS and EAD approval) when on TPS. If someone is going in a few days please post your experience. I will post mine after my interview.

Nepali Keto 123 · Sep 12, 2016 1:54 PM

Did you travel on travel document or on your nepali passport?

Oh_Gaathe · Sep 12, 2016 2:04 PM

As long as TPS is active and you have abandoned F1 after TPS applied, you dont need consular processing for H1B. I am making this statement because I was in this condition and I am H1B approved now. I used to think sayad consular processing chaincha bhanera tara parena. I am sharing this info because even lawyer used to say lets find out. Last edited: 12-Sep-16 06:37 PM

datamap · Sep 12, 2016 6:31 PM

My H1B is also approved with COS. However, I am travelling to Nepal soon due to personal reasons and I am planning to get it stamped and abandon my TPS and return with approved H1B. I was just wondering if people who moved to TPS need more documents than people who move from F1 to H1B.

Nepali Keto 123 · Sep 13, 2016 9:42 AM

@Nepali Keto 123, you can do H1B stamping and enter US as H1B holder. You don't have to give up your TPS. TPS will be running at background. If you don't extend next time, you wont be in TPS anymore.

damauli_guy · Sep 13, 2016 9:53 AM

If you don't use travel document, your tps will be void I think.

Oh_Gaathe · Sep 13, 2016 10:06 AM

It wont get void. I have friends who has TPS and traveled and entered as H1B. Also, some of them travelled during pending TPS, came in as H1 and later TPS approved too.

damauli_guy · Sep 13, 2016 6:57 PM

Travel If you have TPS and wish to travel outside the United States, you must apply for a travel authorization. Travel authorization for TPS is issued as an advance parole document if USCIS determines it is appropriate to approve your request. This document gives you permission to leave the United States and return during a specified period of time. To apply for advance parole, you must file Form I-131, Application for Travel Document (see form on right). If you leave the United States without requesting advance parole, you may lose TPS and you may not be permitted to re-enter the United States.

Oh_Gaathe · Sep 14, 2016 6:22 AM

i am graduating in jan 2017 and thinking using TPS EAD after graduation. After the end of TPS will i be able to apply for OPT again? have someone already have experience this situation of the loved one who has same situation. Please advice

k_ho_k_life · Dec 1, 2016 7:12 PM

LET ME SAY THIS AGAIN If you travel outside of US without AP your TPS will be void . You will not know that until you renew it next time. Because ? When you come back with H1b you I94 will show you travelled without AP thus that violates your TPS benefits and thus you will not be renewed.

fdpower · Dec 2, 2016 1:07 PM