Hi I am recently on opt status which will expire on June 2016. I am also married to Green Card holder but my priority date is Jan 2015.WHICH WILL TAKE MORE THAN 14-15 MONTHS AS PER VISA BULLETIN. Either I have to find a job and get H1B or go back to school since I have to maintain my legal status until I receive my GC. WILL FILING TPS MAKE ME IN LEGAL STATUS? Since I have to stay in legal status. Will I be able to adjust my status filing TPS? Suggestions Please!!!
YES, filing TPS will put you in TPS status.
@Sajha1234
Yes go ahead and file TPS....If you need 14-15 months status TPS is the perfect solution for you....And yes you will be able to adjust status from TPS.
TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:
Applying for nonimmigrant status
Filing for adjustment of status based on an immigrant petition
Applying for any other immigration benefit or protection for which you may be eligible
http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status
If you file TPS before the deadline of Dec 21, 2015 and receive receipt by then, you have 18 months of TPS status, that means July 21, 2017. If this time frame is sufficient to remain on TPS status, before you get GC through dependent, then you are good to go. Otherwise choosing F1 or H1B is completely your choice. None of the COS to F1 or H1B is guaranteed however. Even if you get I-20 joining school, USCIS need to approve your F1 petition and H1B quota is a lottery base.
Last edited: 20-Jul-15 02:59 PM
If you fine TPS before the deadline of Dec 21, 2015 and receive receipt by then, you have 18 months of TPS status, that means July 21, 2017. If this time frame is sufficient to remain on TPS status, before you get GC through dependent, then you are good to go. Otherwise choosing F1 or H1B is completely your choice. None of the COS to F1 or H1B is guaranteed however. Even if you get I-20 joining school, USCIS need to approve your F1 petition and H1B quota is a lottery base.
@neerman, The TPS status ends at dec 24 2016 whether you apply on june 24, 2015 or december 21 2015. The 18 months doesnt count from the day you apply but from June 24th 2015. The day it was declared.
Thanks Guys. Appreciated it.
@OZAR: As per my knowledge, I have to stay in legal status until i get my GC.I understand it will put me in TPS STATUS,
Also the link that you provided says,
PLEASE NOTE: To be granted any other immigration benefit you must still meet all the eligibility requirements for that particular benefit.
So R u saying that filing TPS and getting it approved wont affect approval of my GC right? coz I have to be in legal status until I receive GC. I should be able to file for GC around october 2016 as per visa bulletin. Do you know if that time is good enough for me? Thanks again!!!
TPS itself is a legal status till it is valid. If you had stayed here out of status, married and applied for status, then the law is that even though you can stay legally in US till TPS is valid, you cannot adjust your status by marrying a GC holder. But u had remained in status and if u r granted the TPS, u will be in legal status so that u can change status from the current one to green card after time comes.
Neeram bro, please check your facts on TPS.
Oh_Gaathe bro, right on!!
Neerman le tei bhayera dec ma apply garaunla bhanera basya hola, barbaad gardyo ni......
THANKS MUCH!!
So As you guys said I can file TPS and once it gets approved wait until OCTOBER 2016, the date when I should be able to file I-485, application to register permanent residence. Does anyone know the WAIT TIME for I-485 after filing it coz I will have through DECEMBER 2016(TPS ENDS). WHAT HAPPENS IF THERE IS DELAY ON THE PROCESS OF I-485? CAN I GO BACK TO SCHOOL? WHAT HAPPENS TO MY STATUS COZ I HAVE TO MAINTAIN LEGAL STATUS UNTIL I GET MY GC. SUGGESTIONS APPRECIATED!!! THANKS!!!
Immigration Experts Any suggestions??
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