Late Filing TPS

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I know ki TPS ko deadline saki sakyo, but is there a way to file TPS after deadline?Actually, mero PERM ko result kurira thiye but unfortunately it got rejected ,so Can I file TPS now?Currently in H1b Visa.

mily

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Sorry to hear that your PERM got rejected. You qualify for late filing for TPS if you meet one of the following conditions (copied from USCIS website http://www.uscis.gov/humanitarian/temporary-protected-status#Filing%20Late):

1. You were a nonimmigrant, were granted voluntary departure status, or any relief from removal
2. You had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal
3. You were a parolee or had a pending request for re-parole
4. You are a spouse of an individual who is currently eligible for TPS

I'm no expert in this matter, but I think you meet the second condition. Good luck!

ktmlady

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Thank you MInNpl, will look into it, but just wondering if Perm filing was consider as change of status or not.

mero_naam_ho

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Perm filing is not considered as change / adjustment of status.

mancini

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Hi kmlady, why was your perm denied?

edipre

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You may fall under adjustment of status.PERM is the first criteria for this, then comes I 140 and I 485.

Consult good lawyer and also read adjustment of status steps in USCIS website.

mero_naam_ho

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"You may fall under adjustment of status"

This is not true. Perm is not an application for adjustment of status. It is just a system used for obtaining labor certification.

Good Luck.

Atiranjeet

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Even if your perm is rejected, you can appeal in the court. You may want to appeal.

ktmlady

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@Atiranjeet

Yes company ko lawyer appeal garne ra same time second labor certification with different job title file garne bhaneko ta cha, but I have loose faith now.Any idea wheather this would be successful or I might need to change company? Already in 5th year of H1b. :(

mero_naam_ho

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Go for second labor certification, I have seen cases where second labor certification worked out for them. I hope it will work out for you as well.

Good luck.

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