Hi everyone, I spoke with Lawyer Keshab Ji, and given the current environment, he mentioned that TPS might get terminated soon. He suggested to switching to F-1 status. I would like to ask anyone here who has successfully changed their status from TPS to F-1 using Form I-539. I'm also looking to utilize premium processing (Form I-907) and would like to know if USCIS is currently approving applications for the change of status, as it is a costly process. Did you file through a lawyer, or did you complete the application on your own? I would greatly appreciate any insights from those who have gone through this process. Thank you in advance!
I think it is a little risky with the current political climate. First and foremost condition to apply for F1 is the intention to return to the home country after graduation. If you show any intent to stay in the USA permanently, then F1 visa is denied.
Since you are on TPS, you must have come here before 2015, and do not have any intention to return to Nepal. The application is more likely to be denied - at least with the current administration. It is still worth the try if you are not worried about spending ~5K.
My suggestion would be to consult with the attorney if COS is the viable option, but you don't need attorney to file the application. Application should be pretty straightforward, and it is not worth paying money for that.
Hope that helps!!
I did it after Trump terminated TPS in 2019. I did not use a lawyer but my dso did help me. I graduated my masters with TPS and then went to community college for associate degree and filed change of status. It was approved pretty quickly at that time. May be like 2 or 3 months. I did get lucky though, I got RFE from uscis as soon as I applied and they said I already was maintaining a valid F1 status even though my Sevis had been terminated for 2 years. I had to get a letter from my previous university saying I graduated with TPS and did not have active Sevis. They reinstated me like 2 days after that letter was delivered. Later when i applied for green card they never brought that up, only asked me if i had always maintain valid legal status and I was approved. So it can be done, good luck to you. You do have to write a cover letter explaining you timeline and why you could not maintain F1 status.
Thank you for your response. I agree that its a risky take, but there is no other choice. Taking the worst-case scenario into account, if TPS is terminated with 60 days like the DHS decision few days ago. The only potential non-immigrant status to change to is F-1. If you file for the standard Change of Status (COS) application, you may need to wait 4 to 5 months for a response. Even if the application is approved, you would be without a work permit during that period. Say, if the decision is made around the end of September, you would only be able to start school in the January session, which again means about 4 months of being idle. If anyone has successfully completed a Change of Status from TPS to F-1, any insights would be appreciated. Thanks
why are you filing standard COS, you need to file premium processing for COS if you want decision faster
Nepal ko TPS lai 2 mahina dincha ki 6 mahina dincha tyo Afghanistan ko TPS lawsuit bata tha huncha. Keep close eye to that case. Attorneys are arguing that DHS cannot randomly terminate TPS and there is a procedure to follow for providing notice and other technicalities.
Username619 is correct. The processing time for standard COS is showing more than 6 months. It might complete before that, but to avoid any risks use the premium processing unless you can't afford 3K.
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