Background: F1 status(visa expired) graduated from university( Bachelor's degree) working on opt EAD(stem extension expires May 2016). I have two chances for filing H1. If not I also have option of joining master's degree program in the worst case. -No matter what I will be maintaing my status. Should I apply for TPS or TPS EAD? What are advantages/disadvantages? Can someone please help me with this.
redbull1 · Jul 9, 2015 2:42 PM · 3,639 views
Are we buying some electronics goods here? and trying to compare among different options taking consideration of advantages and disadvantages? Do you even know how many Nepalese people will get benefited by just TPS EAD only and TPS is their only one hope ? on the other hand, you are already working, already have EAD, have so many different options and have a good future ahead. why you want to analyze advantages and disadvantages? "यो त ७४ व्यंजन मा म के खाउ भनेर सोध्या जस्तो भयो, जब कि एउटा भोको मान्छे आगाडी छ " Don't want to be rude my friend, but think for a moment and answer this to yourself, "Do you need it?" if Yes apply for it, if not then Don't. Last edited: 09-Jul-15 03:57 PM Last edited: 09-Jul-15 04:06 PM
mero_naam_ho · Jul 9, 2015 3:57 PM
Mero_Naam_Ho bro, no need to be pissed off, my friend. Rebdull bro said he is on OPT at the moment that expires in May 2016. He didn't say he already has an H1B. So, instead of joining college just to maintain status, he wants to know if he should go with the TPS only or TPS with EAD which I think is a valid question/curiosity. Anyways, starting June 2016, he will not be able to work on OPT as his current work authorization expires. So, why not apply for TPS with work authorization right now? Even if he applies for TPS with work authorization now or when his OPT expiration date nears, the $$ fees won't change, it'll still be $380 for work authorization. Plus, you will have to renew your TPS work authorization, if Nepal's TPS gets extended which is most likely, after December 24, 2016. So, what I'm saying is (please bear in mind, I'm not a lawyer. Just trying to help out a fellow brother/sister), why don't you apply for TPS with TPS EAD (work authorization) and ask your company to file for H1B next year, or green card, if you meet the criteria. I don't think Redbull bro's question was an overkill given the situation he is in. Mero_Naam_ho bro, please take into consideration, no one can have two EAD cards issued by the USCIS at the same card. If he gets his EAD card through TPS, his current OPT card will automatically be cancelled. Redbull bro, you have an option-- either to consider Saajhabasi lawyers' suggestions or to take legal advice from 'real' lawyers. Choice is yours, after all, you are the one to make the decision. But anyways, please keep the discussions rolling, that's one way we learn. Sabai Nepali daju-bhai, didi-bahini maa mero sewaroh!! Jai Nepal!!
StatusPidit · Jul 9, 2015 4:26 PM
Thank you StatusPidit bro for your valuable comment. mero_naam_ho bro , actually I wanted to know what is the best option for me because I am in a non immigrant visa. Sabai Nepali daju-bhai, didi-bahini maa mero pani sewaroh!! Jai Nepal!!
redbull1 · Jul 9, 2015 11:08 PM
@StatusPidit I am not pissed at all. Thought to give a reason for writing above post, but there is no point explaining it. @redbull1 To answer your question : "Should I apply for TPS or TPS EAD". ---As per your post you are in F1 status and I am pretty sure you know that what TPS and TPS EAD. I will analyze your case like this Scenario : 1 - If you apply for TPS and don't apply for TPS EAD -- you are already in f1 status and after applying for TPS only you will also have TPS. As long as you continue going to school after your opt expires you will be good. Meaning that as long as you are in status TPS would have no use for you. lets say that you didn't get selected for h1b (I wish it doesn't happen to you). In that case you will have your OPT EAD until may 2016 and since you have EAD you can continue working till that period. But after May 2016, you can continue going to school (that's what you said) to maintain your f1 status and since you haven't apply for TPS EAD, you have to leave the job after May 2016 or you can go to university that provides you CPT and keep working. I DO NOT RECOMMEND YOU or anyone GOING TO UNIVERSITY THAT PROVIDES CPT FROM DAY ONE. IT WILL COME LATER AND BITE YOU. DON'T DO THE SAME MISTAKE I DID, DON'T BE LIKE ME. I WISH SOMEBODY HAVE TOLD ME ABOUT THIS BEFORE. Scenario 2- you apply for TPS EAD Given, the above scenario, you can work until December 2016 (TPS Designated Through date). Don't forget that you still have to go to school from the day your OPT EAD gets cancelled. once you apply for TPS EAD your OPT EAD will be cancelled. Scenario 3 - your got your h1b and you applied for TPS Your current status should be changed to H1, even though you have applied for TPS. now its you and your employer responsibility to maintain that status. Please keep in mind that if you apply for TPS EAD, your OPT EAD will be cancelled as you can't have two EAD, and since OPT EAD is cancelled, you should immediately start going to school. I am not sure about this but this is what I think , because OPT means optional practical training and when your OPT gets cancelled and you are not going to school that probably means it will terminate f1 status. Please consult with your school and find out what happens if OPT EAD gets cancelled. Also remember my friend, going for a master program will never be a worst case, this is the best case,and trust me on this. This is not a legal advice, this is just an opinon. My 0 cent recommendation : if you are planning to apply for an EAD, make sure to consult with your school first. good luck my friend. BTW what is "sewaroh" means??? Last edited: 10-Jul-15 12:57 AM
mero_naam_ho · Jul 10, 2015 12:47 AM
Thank you @mero_nam_ho sir for you comments, I will definitely seek legal advice from an expert on this matter. "sewaroh" I just copied and pasted from @StatusPidit comment. Thank you guys for your time. I appreciate your help. Jai Nepal!
redbull1 · Jul 10, 2015 11:04 AM
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