TPS to PERM Filing

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Guys, has anyone who was solely under TPS (no other status) filed for PERM and was approved? I realize it's a little early for i-481 if you had recently started this process, but realistically what are the chances of getting GC approved without having to leave US?

mike_tyke21 · Oct 30, 2016 9:54 AM · 24,827 views

12 Replies

I got both PERM and I-140 approved on TPS. Haven't submitted my GC application yet.

Nepali Keto 123 · Oct 31, 2016 10:23 AM

Please keep us informed what the lawyers advise you ....do you think you will be sent for consular processing ?

fdpower · Oct 31, 2016 10:39 AM

I got my GC approved while on TPS. No other status. It took exact 6 months from filing. EB1

sakumaku · Oct 31, 2016 12:02 PM

I do not think so. When you are on TPS you can adjust your status without leaving the country. However, my situation has changed now as I was selected for H1B last year so since October I am on H1B status (Although I was only on TPS until then) . I went to Nepal and came back on H1B recently. So, my current status is not TPS but H1B.

Nepali Keto 123 · Oct 31, 2016 12:05 PM

sakumaku , so during the 485 did you have to provide any tps related documents ?

fdpower · Oct 31, 2016 3:38 PM

fdpower, During 485 filing, i had to prove that i was always on status. First when i was transferred here last year, i arrived on B visa. Then we we were about to file L1A petition and TPS came into scene. Since I applied for TPS and was approved within a month, it allowed me to work without having first L1A approved, later i asked my lawyer if it was possible to file 140 & 485 together without first filing L1, law firm agreed and we submitted application on April this year. 140 took four months and 485 took six months. So to answer your question, we had included copy of TPS approval notice among other documents for 485 application.

sakumaku · Nov 1, 2016 6:15 AM

sakumaku , Thanks so much for the info man. I think this will save a lot of people from a lawyer visit. So basically if you were in status before you get the TPS you are good to go right ?

fdpower · Nov 1, 2016 9:43 AM

fdpower, That is correct. in my experience, TPS as a status is way better than H1 or L1 or any other work visas because it lets you file your AOS without leaving country/without stamping visa. If you never been out of status and have TPS approved and your employer is willing to file your i-140, i-485, i strongly suggest to avoid visa stamping. Once perm is approved and if the case is strong, my recommendation is file 140 & 485 con-currently (if in regular processing) or if case is average, file 140 first and 485 later. When i was filing from TPS to GC, i wasn't sure because i was not able to find similar cases as reference but now my case is solid example of TPS to GC. My employer was able to save some $ because they didn't have to file L1 petition at all. Last edited: 01-Nov-16 10:12 AM

sakumaku · Nov 1, 2016 10:10 AM

Thanks again man , I'm F1 with TPS and currently waiting for Labour approval ..will be done with school end of this month ...so not sure if I should file OPT or just leave F1 and change status from TPS to GC. I think I will file the OPT as well just to be on the safe side.

fdpower · Nov 1, 2016 10:35 AM

I am in Student Status working with my STEM EAD with TPS approved(no EAD) and want to apply GC. Is it possible to apply GC under this circumstance without working under TPS EAD ? Any help will be much appreciated. Dhanyabad

Slazz11 · Nov 16, 2016 6:51 PM

Bro, I have the exact similar situation as urs. please let me know if you get any good responses from others. Thank You.

dash97 · Dec 17, 2016 12:14 AM

Who can file for PERM or I485?

hassuthyokukhurauthena · Dec 19, 2016 11:31 AM

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