TPS Q/A for Nepalese with H1/H4/F1/F2 Status:

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Hello All, I met with an USCIS officer yesterday. Here are the few info I received from them. TPS kills your previous status but you can come back to your original status once TPS ends and you must be maintaining that previous status. As that being said: For F-1 : If you did/will graduate in 2014/15/16 and didn't make in H1b lottery, Good news. Apply TPS and then work for the company and tell them to file I-140 directly. For F-1 graduating after 2016, Apply TPS, apply EAD, work if you want but ask DSO to keep your sevis active and mention you will be maintaining full time (taking minimum course hours). (You dont have to mention, oh, I will be working off campus since I will be having my EAD. Some stuffs need to be kept secret. ) As long as your sevis is active, you can come back to F-1 status once TPS ends. OR, for F-1, apply TPS and apply economic hardship so that you can work off campus, work more than 20 and still your sevis remains active and you can come back to your original status. (Regarding working more than 20 hours off campus or on campus. How can USCIS verify you have worked off campus or on campus? Many of us have worked with SSN back in those days and now they have a GC in their hand. Working shouldn't be a big deal at all. If USCIS comes for a random check, you have an EAD. So, you should be just fine. My view though!!!) H1B: No good at all, kills your current EAD and once TPS ends, you need to apply for another EAD which might be tough to be selected next time. H4/F2: Apply TPS and EAD, work, study and then later if your spouse didn't file for I-140/I-485 till that time, you guys need to leave the country again and come back again with dependent visa. Take it on your own risk. :) B1/B2: Enjoy the TPS. You guys can stay until TPS ends. J-1 visa: As long as your company sponsors you and you will be able to file I-140/I-485 with in the TPS period. You can adjust the status. Time plays a role here. Good luck to all. (PS: I am not a lawyer and all the info I received was based with the interactions with that Officer. In one of my questions, his answer was: Was Nepal granted a TPS? LOL, and he was a supervisor of that location. So, Administration doesn't know much either. Again, Believing or not is your choice )

coolbuddy · Jul 9, 2015 7:15 AM · 88,463 views

65 Replies

@Coolbuddy bro, gr8 information..

bostonceltics123 · Jul 9, 2015 7:21 AM

Was thinking of applying for tps for back up but looks like it wont work for H1 holder. Better go for GC and get it before tps end

Sajha keto · Jul 9, 2015 7:38 AM

F2 can change the status to F1 before TPS expires. Don't have to leave the country.

mangale · Jul 9, 2015 7:39 AM

@mangale: I dont think so. Once you apply for TPS, there is no way you can change the status. You better apply for F-1 at first, get approved. And then apply for TPS. You can only adjust the status. Now, when TPS ends, you can come back to F-1 as long as you maintain your original status. (Ex. B1/B-2 applied TPS. So you are in TPS. Can you join school - Yes. Can you apply for F-1 - Nope, you can't change the status on TPS. Very similar to F-2. )

coolbuddy · Jul 9, 2015 7:45 AM

@coolbuddy when you met with USCIS officer did he really say H1B EAD ?

silentblogger · Jul 9, 2015 7:48 AM

Does applying for TPS kill your original status ? I am on F-1 OPT and planning to apply for TPS since my OPT expires next year. According to Adhikaar forums, it just gives protection and doesn't affect your current status (if it is legal) in any way. Correct me if I am wrong.

info_khojeko · Jul 9, 2015 7:49 AM

@coolbuddy the USCIS says you can't change to immigrant status but you can change to non-immigrant status while in TPS

mangale · Jul 9, 2015 7:57 AM

Guys what about if you just apply for TPS but do not apply for work authorization (Keep H1B Authorization)

maxpayne · Jul 9, 2015 8:14 AM

@info_khojeko: It kills for the time being ( Until TPS ends) @mangale....umm no comment :) Looks like it. @maxpayne: why do you wanna apply for TPS? does that TPS do any good for you? H1b is good for 6 years..Ask your employer to file GC for you, if not,look for other company who will file GC for you.... So, far I dont see any benefit applying for TPS at all !!!

coolbuddy · Jul 9, 2015 8:24 AM

@coolbuddy - Are you sure the officer told you that the company can directly apply for i140 while in TPS? i140 is applied by the company after proving that there are no qualified US citizens available for this position and that's why we want to petition this person for permanent immigration (all done through PWD/advertisement/PERM). I think the company still needs to prove that US citizens are not available to petition a person for permanent immigration whether the person is in TPS EAD , OPT EAD or H1.

ark · Jul 9, 2015 9:06 AM

@coolbuddy- Thanks for the info.

MimroRaMero · Jul 9, 2015 9:26 AM

@coolbuddy- Thanks for the info.

MimroRaMero · Jul 9, 2015 9:26 AM

ark... yea, you need to definitely go thru those stuffs. I mean, you dont have to wait for H1b to file for I-140. You need to go thru that PERM and all. Its like , you need to get an I-20 to study in USA. It doesn't mean getting I-20 qualify you to enter to US. You definitely have to get a VISA first. Very similar, I guess.

coolbuddy · Jul 9, 2015 9:49 AM

This video from Bandita Sharma-Dahal (https://www.youtube.com/watch?... that applying for TPS does not nullify your current status. Say my status is H4, can I apply for TPS EAD and work, and when the TPS expires come back to H4, (assuming my principle applicant H1 status is still valid)? There are two different talks on this. How can one be sure? Last edited: 09-Jul-15 01:37 PM

saiko · Jul 9, 2015 1:37 PM

I'm applying for asylum..too late to go back..will I be eligible for TPS if I get rejected there? I'm planning to get it done within summer maintaining my f1 status though IF the interview come by then. also, i heard we get some 18 months break off college with TPS even with f1 status. is that true? any advice would be really appreciated. Need to take some biggest decisions this week.Thanks!

goldfish · Jul 9, 2015 2:16 PM

If you are applying for asylum, and asking for advanced parole to go back to Nepal, you might have some problem, because the only basis of your asylum is you will have hard time if you go back to Nepal. While is some cases that might be true, but you better be a good talker if your case goes to the court. You are eligible for TPS, the only criteria is you are a Nepali citizen and are in the US on or before 24 June. If you take 18 month break from school, make sure you get permission from the DSO and ask him/her to maintain the status of your SEVIS, that way you can go back to F1 after 18 months. If SEVIS is not in status, you can not go back to F1. (You can, but you have to reapply i20, may be go back to Nepal and re-apply for F1 visa)

saiko · Jul 9, 2015 2:24 PM

For H1B- Whether TPS is approved or denied you will have no effect on your H-1B status, as long as: 1. You continue to maintain valid H-1B status, and 2 Do not apply for TPS-based EAD. Yes, employer can continue the "green card application process". Reference: http://www.avvo.com/legal-answ... In the mean time, if you need EAD in future, you can always apply for it. What do I do if I want an Employment Authorization Document, after I have already registered or re-registered for TPS? If you have already registered or re-registered for TPS, you will need to submit Form I-765, Application for Employment Authorization, with the appropriate fee, if applicable, or a fee waiver request, along with your most recent receipt notice or approval notice for Form I-821, Application for Temporary Protected Status. These forms can be accessed from our website at www.uscis.gov/forms. Why are we making it so complicated, maintain your current status and apply for TPS. Those who already have an EAD do not apply for TPS EAD until the previous EAD is expired. Last edited: 09-Jul-15 02:33 PM Last edited: 09-Jul-15 02:33 PM

ohio · Jul 9, 2015 2:32 PM

having said that I will have no problem applying for TPS if I can maintain my status as F1 even after getting rejected in asylum? also, i'm applying from cali and want to be at texas uni regardless of whatever result in interview to ensure my f1 status doesn't hurt. but i will make it as i'm now planning to study at cali of course to interviewer. however, upon delay on interview and if i had to actually enroll in cali..all i need to do is transfer to cali and get permission from the DSO and i still get break, right?

goldfish · Jul 9, 2015 2:35 PM

I have a question regarding this statement. For F-1 : If you did/will graduate in 2014/15/16 and didn't make in H1b lottery, Good news. Apply TPS and then work for the company and tell them to file I-140 directly. So does it mean if you are in TPS status employer doesn't need to file perm and can directly apply I 140?

ketosingh · Jul 9, 2015 2:39 PM

"For F-1 : If you did/will graduate in 2014/15/16 and didn't make in H1b lottery, Good news. Apply TPS and then work for the company and tell them to file I-140 directly." If only employers would do that easily. They are very well aware that applying I-140 for an employee will get them a Green Card which does company no good. The whole point behind H1-B was to benefit the company as the employee won't have much leverage if he/she wants to change jobs. Companies use I-140 as their last resort. Therefore, I would be careful if you would want to work long term and start working on TPS EAD expecting that employers would apply for I-140 pretty easily.

kaalu69 · Jul 9, 2015 5:38 PM

For H1B : Can't you use your TPS EAD as a backup if in case you lose your current job? Employment in USA is at-will meaning that you or the company can end the job with/without cause. In instances as such, H1-B would definitely benefit from TPS EAD as he/she would have a valid work permit to look for another job. I don't see any reason why H1-B would only apply for TPS and not for EAD. I am under the impression that TPS EAD is a cushion that protects you whether or nor you have a job now. If you were to lose your job 6 months from now, TPS EAD should help you find another one.

kaalu69 · Jul 9, 2015 5:42 PM

I will graduate in December of 2016. I am applying for TPS but have no problem maintaining F1 status till then. I am wondering if it is the only time to apply for EAD or its possible to apply for it later when needed (lets say after my OPT expires and I didn't get H1B by then if TPS continues till that period). Will working on TPS EAD create any issue when applying for H1B through employment? On different note, can all Nepalese working on TPS EAD apply for H1B in future if their employer agrees to do so? Last edited: 10-Jul-15 09:44 PM

BioMed · Jul 10, 2015 9:43 PM

Currently i am not in condition to continue my graduate studies. I already applied for TPS so, just a question if TPS end do i will be eligible to Reinstatement my F1 status to continue my graduate studies.

chulbul · Jul 11, 2015 3:43 PM

@BioMed Even if you don't want EAD now, you have to apply for it, but chose NO on the question>> are your applying for EAD? Just apply TPS for now, and maintain your status. If you are planning to apply for OPT, and get a EAD then you don't have to worry about TPS EAD. If you are STEM then you will get EAD for 27 months. Let's say you did not get your H1B, then you can apply for TSP EAD if TPS continue till that time, but how your are going to maintain your F-1 Status that time. After your OPT EAD expires, either you have to go back to college, or you become out of status. Tips: The good thing to apply TPS EAD now is that you can work outside, and after you graduate you don't have to wait for 3-4 months to get your OPT EAD. You can start working on any company the day you graduate :) >> Will working on TPS EAD create any issue when applying for H1B through employment? >>>> Nop, it will not create any issue, but if you apply TPS EAD while you are in your OPT TPS, then your OPT TPS will get canceled. >> On different note, can all Nepalese working on TPS EAD apply for H1B in future if their employer agrees to do so? >>>> It depends on everyone's situation. I think people who are living here legally will not have any problem, but I am not 100% sure about people who are living illegally. I will come to this question when I am 100% sure :) @chulbul If you do not maintain your F1 status then by the time TPS ends you will be out of status. I don't think you can go back to student again. I don't know what is the condition you have, but you should continue your study, and work full time on your TPS EAD. Last edited: 11-Jul-15 04:25 PM

MimroRaMero · Jul 11, 2015 4:23 PM

@MimroRaMero, Thank you for your response. I am in STEM program however I already used my one-time 17 months extension on my previous OPT. Hence, I am looking at 12 months OPT EAD. Will it be wise to apply for TPS EAD if I didn't get my H1B during my OPT? (before the expiration of OPT EAD). I will look for jobs at university (H1B quota exempt) so just trying not to make situation complicated during H1B (being said that TPS EAD doesn't affect H1B eligibility). Just wanted to confirm with you; if I apply TPS EAD now, and if it continues beyond Dec'16 (my graduation), then my F1 status will be terminated right after 60 days from graduation (since I won't apply for OPT EAD) unless I get enrolled in another school, isn't it? I have two options now; 12 months OPT EAD (Dec'16 to Dec'17) OR TPS EAD (Now - ??) I think I will go with TPS EAD. Last edited: 11-Jul-15 04:54 PM

BioMed · Jul 11, 2015 4:53 PM

@BioMed I am not a Lawyer or expert on this matter, but I have been doing lot of research on this matter for couple of weeks. If I were you, I would just apply for TPS EAD right now, and maintain my F1 Status, does not matter what the future will be. If you are illegal, it will be almost impossible to change the status from TPS to others status. Only way is to marry US citizen, or having a US citizen relatives. So if your SEVIS gets terminated then I don't think, it is possible to go back to F1 again. TPS might go for years, so we don't know how long, but it will be extended at least for an another term (Worst case scenario). Please talk to your DSO at international office about what will happen if you don't apply for your OPT EAD. Good Luck

MimroRaMero · Jul 11, 2015 5:15 PM

@Mimroramero I am currently working on OPT EAD, I was planning to apply for TPS EAD since my OPT EAD expires on May, 2016. However, I want to continue working on OPT EAD and apply for H1 next year. If it doesn't get approved , I will apply for TPS EAD to work on it. Meanwhile, when I apply for TPS USCIS officer told me that my current VISA status will be terminated which means I will no longer be F-1, my status will be TPS , am I correct? If I am still working on OPT -EAD and I have to travel during November - December, assuming I get TPS will I travel on my I-20 or on TPS advanced Parole document?

info_khojeko · Jul 13, 2015 6:53 AM

@info_khojeko USCIS Officer was right. Your current status gets terminated. However, once TPS ends and you maintained your original status, you can get that status back. Once you are approved for TPS, you can't just travel. You need to get your AP documents. If you travel just with your Visa & I-20 without AP, your TPS gets cancelled too. If I were you, I would apply TPS only, get AP, travel Nepal with AP, come back and apply H-1B next year. If you didn't make H1B next year...you might be out of status after may, 2016. Coz you will have only TPS status and not other status. As that being said, the best bet is, apply TPS, apply H1b next year, if not selected in lottery, go for the graduate program (take evening classes and continue working under TPS). The bottomline is: MENTION YOUR SEVIS ACTIVE TO GET YOUR STATUS BACK ONCE TPS ENDS.

coolbuddy · Jul 13, 2015 7:43 AM

@info_khojeko, Usually USCIS starts accepting H1B visa petitions for next fiscal year starting from April 1st of the current year. If your OPT expires on May, how would you get new EAD through TPS within that short period of time? Didn't understand the second part. Are you asking or telling us? If you have valid EAD through OPT, you travel on I-20 since your are still on F1 status, however traveling is not recommended during OPT. You might get hard time at Port of Entry because you may not have valid reason for re-entry as you are already graduated. Just my thought.

BioMed · Jul 13, 2015 7:44 AM

@BioMed @MimroraMero @Coolbuddy I am working under OPT EAD now, I do understand that travel during OPT is a problem , but I have my offer letter and pay stubs to verify that I am working. I have my OPT until May 2016. If I apply for TPS and continue working on my OPT-EAD, will I still need AP document? I will have TPS status if I apply for it now, and I will apply for H-1 B next year April... If it doesn't get picked I will apply for TPS -EAD ? Will that work?

info_khojeko · Jul 13, 2015 8:50 AM

@info_khojeko I am working under OPT EAD now, I do understand that travel during OPT is a problem , but I have my offer letter and pay stubs to verify that I am working. => People have done it, and you should be fine too. I have my OPT until May 2016. If I apply for TPS and continue working on my OPT-EAD, will I still need AP document? => If you get TPS, it would be nice (to be safe) to have AP too, isn't it? I will have TPS status if I apply for it now, and I will apply for H-1 B next year April... If it doesn't get picked I will apply for TPS -EAD ? Will that work? => I too have same confusion, can we apply for TPS-EAD when we need it? Since you are working on OPT EAD, you better get TPS EAD right on time before current one expires.

BioMed · Jul 13, 2015 9:03 AM

Hey Guys, Travelling on OPT doesnt cause any issue if you have valid visa of more than 6 month. I just traveled last year when I was in OPT. Came back safely. Nothing happened.

Sajha keto · Jul 13, 2015 9:10 AM

@Bio-Med: I will have TPS status if I apply for it now, and I will apply for H-1 B next year April... If it doesn't get picked I will apply for TPS -EAD ? Will that work? My thought on this : Yes it will. Coz, Once you will approved for TPS, this means, US is providing you to stay unless your country is safe to travel. So, does this mean you will get government assistance i.e, government funding during the stay ? Nope.. So, what does US do - They will provide you the EAD at any given time once TPS gets approved. Else, How do you survive here in US when they don't allow you to go back to your home country. They will make eligible you to work at any given time. (This is my guess only....) On your 2nd question...Once you get TPS and travelled without, AP, your TPS gets terminated. So, TPS holders must apply for AP before you depart to any country.

coolbuddy · Jul 13, 2015 10:19 AM

@ Coolbuddy @Biomed I heard that, we can travel for brief amount of time , come back and apply for TPS - however, the duration of stay should be less. The problem is I have to travel during November - December. Can I apply for Advanced Parole travel (I-131) document along with my TPS application?

info_khojeko · Jul 13, 2015 11:02 AM

That's really a good question for me as well. I would recommend you to call USCIS directly and figure it out.

coolbuddy · Jul 13, 2015 12:10 PM

@ Sajha Keto, just you were safe returning back on your OPT doesn't mean every one will be safe. It is clearly written in OPT card, "Not for Reentry", hope you showed a cause to go and come back nepal, or you were lucky, they did not interrogate you at the port. Don't just say easily that nothing happened to you.

ProblemSolver · Jul 13, 2015 12:34 PM

@Problemsolver, If you dont have any bad record, then I can easily say that nothing will happen. Not only me, I have 5/6 Nepalese friends and 7/8 Indian friends who either traveled on OPT or OPT extension. FYI, You're not supposed to show EAD at POE rather you need to show your I-20 (traveled signature on last page from your university) and passport. For backup: have paystub, EAD and employment letter handy. At last, I am not IO to guarantee so whatever I have said above is based on the experiences I and my friends have.

Sajha keto · Jul 13, 2015 12:50 PM

@ Sajha keto, Now you came to point, not to show EAD card. That helps to other and makes sense. If it's someone's bad day, then they will find out anyhow, otherwise as Sajha Keto said, I agree.

ProblemSolver · Jul 13, 2015 1:01 PM

@ info_khojeko As you already know from above discussion that traveling on OPT is not 100% risk free. You can apply for Advanced Parole (I-131) document along with your TPS application.

BioMed · Jul 13, 2015 1:15 PM

I have come to these conclusion after reading all these discussions. Correct me if I am wrong, and please add more if you have. > If you apply for TPS then only way you should travel outside of US is using Advance Parole (AP). > Once your TPS gets approved, and you travel outside of US without AP, your TPS will be terminated. > You can apply for TPS now, and apply TPS EAD whenever you want until the TPS expires. > If you already have EAD, and you apply TPS EAD, your previous EAD will be terminated. > To apply for your Travel Document (AP), first TPS needs to be approved. > Once you leave US, it is not 100% guarantee to get back to US, regarding the VISA/Status you have. So always have enough documents. > After your TPS gets approved, your status will be TPS, regardless of the status you have. I have one question: After USCIS started processing the case, what is the status now. One of my friend came to US as tourist, and his I-94 date will expires in 20 days. It will take 3-4 months to approve his TPS, and by that time he will be out of status. So what is the best things to do? Thanks in advance.

MimroRaMero · Jul 13, 2015 2:00 PM

@ MimroRaMero: I completely agree with all your statements besides: > If you already have EAD, and you apply TPS EAD, your previous EAD will be terminated. It depends on your expiration of your previous EAD. If your EAD is expiring after Dec 2016, there is a less chance that your TPS EAD will be approved. USCIS will pick one and might reject your TPS EAD unless you provide a valid reason to go with your short term TPS EAD. (As current, USCIS only sees TPS EAD until Dec 2016, although we hope it extends after that.) After USCIS started processing the case, what is the status now. One of my friend came to US as tourist, and his I-94 date will expires in 20 days. It will take 3-4 months to approve his TPS, and by that time he will be out of status. So what is the best things to do? My thought: He might be on an exempt. So, if he files his TPS before I-94 expires, he should be good. (Need a full verification though )

coolbuddy · Jul 13, 2015 2:57 PM

@coolbuddy Thanks I was looking for more info about exempt, but no luck.

MimroRaMero · Jul 13, 2015 3:29 PM

@ MimroRaMero @ coolbuddy "You can apply for TPS now, and apply TPS EAD whenever you want until the TPS expires." I am not sure about this statement. Did you guys find any info on that? It would be a lot easier for students who are not graduating anytime soon and/or don't need EAD now.

BioMed · Jul 13, 2015 4:54 PM

@Bio Med: That is agreed based on these follow assumptions: 1) TPS EAD form costs - 385 bucks. ( Ex. 30k people applied for it - that's like 11.5 million right away) Why do US wont accept that ? 2) US don't provide government assistance on TPS. 3) They can't deport people with approved TPS. So, what you think they will do ? They will provide that EAD at given time. What if TPS people say, my sponsorship can't provide me any money and I dont have any money left? So, I am 90% sure that they will provide EAD at any given time provided that you have a approved TPS. Good luck !!!

coolbuddy · Jul 13, 2015 5:40 PM

I am trying to fill out I 765. QUESTION 16 ma k lekhne hola for f1 Masters student currently working on OPT. i think it should be c 3 C but want to confirm. Thanks in advance.

saptarangi · Jul 13, 2015 7:48 PM

@saptarangi, F-1 Student Seeking Optional Practical Training in an Occupation Directly Related to Studies: (c)(3)(A)--Pre-completion Optional Practical Training; (c)(3)(B)--Post-completion Optional Practical Training; (c)(3)(C)--17-month extension for STEM Students (Students With a degree in Science, Technology, Engineering, or Mathematics).

BioMed · Jul 13, 2015 7:56 PM

Thanks Biomed. Another question, i dont have birth certificate and many dont have i guess. Is it required?. For this TPS EAD , i think we need to send old opt card, all i20s, passport copies etc?Just need confirmation. Once again thanks for your help.

saptarangi · Jul 13, 2015 8:11 PM

@ saptarangi, Passport should be enough in our case. You are right about the necessary documents though still not sure about old i20s. @all I had OPT EAD in my earlier degree so not sure which one should I pick for TPS EAD. Form i765, I am applying for: - Permission to accept employment - Replacement ... - Renewal ...

BioMed · Jul 13, 2015 9:34 PM

Sathiharu ho maile TPS file gareko 2 weeks bhaisakyo still not heard anything from them. Delivered bhancha but they haven't received receipt number yet. I sent money order instead of personal check. If I would have sent personal check, I would at least know they cashed my check and received documents. Anybody on the same boat?

bostonceltics123 · Jul 14, 2015 7:33 AM

I consulted an attorney. As per his explanation, TPS is a benefit and therefore it does not take away/ terminate your existing status or EAD you already have. You will have a choice to use one whichever benefits the most. Currently I am on H1. I have applied TPS including EAD and planning to visit home in Advance Parole so that I don't have to go to US embassy for visa stamping.

resham32 · Jul 14, 2015 12:56 PM

@resham32 Will you still have your H-1 B status maintained? Every one says that it will remove your status? Can you travel without AP document, if you have a visa stamped on your passport?

info_khojeko · Jul 14, 2015 12:58 PM

I definitely will be working on H1B. I just applied it in case if I lose my H1 Status I will have TPS status handy with EAD. I am trying to stamp visa as well, but in case my visa gets rejected, I have AP to enter US. Last edited: 14-Jul-15 01:23 PM

resham32 · Jul 14, 2015 1:23 PM

Friends, My mom is here on b-2 (visitor visa). thinking of applying for TPS. Q1. What happens to her B-2 visa that is for 5 years? Q2. TPS application requires that you prove continuous physical presence/continuous residence. what documents might be help prove that? I mean she is been living with me and hence no bank records, vehicle registration etc..etc.. that Form I-821 says could be used to prove such. Thanks.

bhatkekopati · Jul 14, 2015 1:40 PM

@ resham32 This is new. So, I can maintain my F1 - OPT status and get TPS and then travel in AP , come back work on same OPT -EAD and apply for TPS -EAD later. There are many conflicting opinions. whom did you consult? Did you apply for your AP document as well along with your TPS document?

info_khojeko · Jul 14, 2015 1:52 PM

Nothing will happen to her B2 VISA. After TPS expires,she can go back to B2. What is the valid date on her I-94? The only confusion here is that if I-94 date expires before TPS approved then what will happen to the states?

MimroRaMero · Jul 14, 2015 1:57 PM

@info_khojeko I consulted to a lawyer. You can only apply AP after you are granted TPS.

resham32 · Jul 14, 2015 2:39 PM

For the continues stay, you can ask any organization or your company to write a letter. You can also send pictures if you can proof the date and place on that picture. You can any thing that show the presence on US.

MimroRaMero · Jul 14, 2015 2:47 PM

Like resham said, to apply for your AP (Advance Parole/Travel document), your TPS has to be approved first.

MimroRaMero · Jul 14, 2015 3:13 PM

I have a Ms STEM degree and currently working in 17 month OPT extension. My OPT will expire in December. I am about to apply for TPS. Before I do, I have the following questions; -If TPS application gets accepted and EAD is granted, will the start date start be when the current OPT EAD expire? Thanks sajha mitras.

saptarangi · Jul 15, 2015 8:34 PM

I don't think they will match the ending and new date of the EAD. When your TPS EAD get approved, it will start right away, and your old EAD gets terminated. Last edited: 16-Jul-15 12:11 AM

MimroRaMero · Jul 16, 2015 12:11 AM

"For F-1 : If you did/will graduate in 2014/15/16 and didn't make in H1b lottery, Good news. Apply TPS and then work for the company and tell them to file I-140 directly." I don't think you can skip labor certification and perm process and go for i140 directly. Correct me if I am wrong.

jahbles · Jul 16, 2015 8:53 AM

@jahbles... You are correct !! I forget to mention that. Of course , those are the min requirements to file I140.

coolbuddy · Jul 16, 2015 9:04 AM

This info is really helpful. I am graduate in December 2016, so applying only for TPS, but TPS and EAD for my wife (on F2). Is there way that a F2 working for a company can receive H1 status. I think there is a very rare F2 to H1 transition, but is it possible. Thanks,

everestial007 · Jul 19, 2015 1:16 PM

When your wife gets EAD, company can sponsor her for H1, or GC on employment. To change the status, someone has to be in legal status while applying for TPS, if not then it's gonna be very hard/almost impossible.

MimroRaMero · Jul 19, 2015 1:25 PM

I am a F1 Student. I want to apply for Fee Waiver for TPS I-765. According to the instructions, I have to send a copy of my tax returns to provide evidence that I have low income. But I cheated on my tax and got a little more in tax return than I was supposed to. Will USCIS care about this or will they use my tax terurn just to see my income? Please Help me!

ChickenChowmein · Jul 24, 2015 3:46 PM

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