TPS renewal with I140 approved

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I am currently in TPS with approved I140. Do I need to re-register for TPS while waiting for my green card application to finalize?

momo_maniac · May 14, 2018 7:49 PM · 27,119 views

11 Replies

Hi Manic, congrats. Could you share your experience and the steps after perm filing and also professional field. Will appreciate your input.

ShankarHuShankar · May 14, 2018 8:19 PM

You don’t need to. How long it took for your PERM to be approved? Did you get an audit? I am in a process of hiring someone under EB-3, skilled worker with two year experience. Was wondering the timeframe for perm. And how much the lawyer charges? What state are you in?

furke · May 14, 2018 8:45 PM

MOMO Maniac, I think its wise to re register, there is nothing to lose. you need be on valid status to obtain greencard. Question is..did you have any unlawful status before getting TPS or were you on valid f1? Furke, As per lawyers, it takes anywhere between 8-10 months for perm..I am on the same boat. But hesitating to apply because there is very short time frame and no way of getting 485 adjusted as per lawyer. IF you live in 6th circuit or ninth circuit court, you are probably ok. Please consult with good lawyer before putting your hard earned money down..There is no way of greencard via TPS even via eb3 if you have unlawful status.(thats what lawyer told me) but please do your own research as well.

sa209 · May 14, 2018 10:24 PM

PERM took 8 months in my case. I went for premium processing in I-140. Overall, it has been 14 months since my process started and everything has gone smoothly. @sa209 I have always had legal status.

momo_maniac · May 15, 2018 7:04 PM

Thanks you sa209 and momo, After reading all the dhs memos regarding adjustment of status; here is my conclusion: 1. Adjustment of status is possible even if the individual has been out of status before TPS, but they need to re-enter on advance parole. 2. You only need to have valid status until the date you file your I-485. So, there is still time to get gc via eb-3 even with TPS expiring. 3. If you case was in immigration court before, you need to administratively close the case, and USCIS can have jurisdiction over your case from immigration court and adjustment of status can be approved by USCIS.

furke · May 15, 2018 8:03 PM

Thank you Furke and Momo, Furke, Any links regards to your point 1? Because I spoke to 3 diff lawyers, one is willing to take a case based on my status ( unlawful in past) .. 2 lawyers said no but with no clear explanation.. what state are you in? thanks for your help

sa209 · May 15, 2018 8:15 PM

I will try to find that memo when I get home. Will surely let you know. I’m in California. Last edited: 15-May-18 08:54 PM

furke · May 15, 2018 8:53 PM

9th circuit made it clear parole= admission so it shouldn’t be a problem if applying in their jurisdiction.  Last edited: 15-May-18 09:20 PM

furke · May 15, 2018 9:17 PM

Furke, yes, you are probably correct on that. As I had mentioned previously, 9th circuit and 6th allow it...rest dont..It sucks, same country but diff jurisdiction rules... I am in east coast:(

sa209 · May 15, 2018 10:17 PM

I would still re-register for TPS just to be on the safe side. After 180 days of unlawful presence, things get complicated.

alien24 · May 17, 2018 11:42 AM

As a lawyer, you will know exactly what the situation TPS holders are in. We are the largest EB3 unskilled employment based immigration processing agent in the USA. With 18 Large US companies in 11 states(include 6th and 9th circuit court states) contracted with us, we have been helping people to obtain a permanent residency. Our in-house immigration lawyer handle all the paper work from PERM, I140 and 1485. If you are willing to apply job and relocate to 6th and 9th state and become a residence for that state, you still have windows open. When there is chance, do whatever it take. David C. Best, www.KAGLosAngeles.com

David B Chung · May 18, 2018 6:07 PM

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