J1 visa and TPS- any insights?

Original Post

Hi all , It is interesting to see a lot of discussions ongoing related to TPS in relation to other visa (like f1). However, no one is talking about J1 visa and TPS. I have J1 visa, and which is going to expire on April 2016. It may be extended one year more (but not sure yet after April 2016). My questions are: a) Any conflict if I file TPS and extend J1 beyond April, maintaining both status? b) I am not thinking to use TPS EAD, can I able to change J1 to H1b in future ? c) Travelling back to Nepal with J1 and coming back USA is relatively easy, can I travel with J1 even I have TPS? d) What happens if I transfer employer from current to another institution given the scenario that I am also in TPS? I still think, I will be in status even changing employer. Thanking you, and may be those who have find time to research more or idea may share their ideas. Best regards, Yurika

yurika

Jun 24, 2015 4:16 PM · 18,800 views

9 Replies

still_snake Jun 24, 2015 6:08 PM

I had friend and his wife from Honduras. These people came in US crossing boarder, meaning no visa. when Honduras got TPS granted , I sill remember that him and his wife got the working paper and they even went back to there country for the first time after 1992 since they were in US. So my understanding is if you don't have felony or pre deportation order then you do not have any problem. Things might have change from before.

damauli_guy Jun 25, 2015 12:49 AM

Good questions, if you find your answers please share.

True Nepali Jun 25, 2015 9:15 AM

As far as I know, J1 visa cannot be changed to H1 visa. The regulation might depend on the nationality of that person but in case of Nepal, what I said is true. You might be able to stay in US in TPS even after your J1 visa expires but you won't be able to work with EAD cause that will be violation of the J1 visa rule. I think same might apply to F2 and H4 visas.

P.S. : This is not an expert legal advice.

bbmb Jun 25, 2015 11:40 AM

@True Nepali, J1 visa CAN be changed to H1 (or GC) if employer is ready to file it. There is no restriction at all. All the J1 need to do is get a two year residency waiver before applying for that. With TPS approved, the person can stay and work in the united states and can make travel documents.

Yurika Jun 25, 2015 11:46 AM

Hi True Nepali,

Thanks for the response. If 212 (e) does not apply has been stamped in the passport. which means there seems 2- year home residency requirement seems null.

I am not sure how some Chinese/Indian who come initially in J1 visa were able to make to H1 and GC. 
As far as I know, if someone uses TPS EAD, one is already violating F1 or J1 status. But at the same time, if one did not use it till the end of J1, he must be fine to change to other immigrant visa. If J1 terminates, what is the point to maintain it? By the way, how many years J1 is eligible for extension, some are extending for 5-6 years, any clue?
As, I understand filing TPS should not cause any counterproductive on current status.

ohio Jun 25, 2015 12:16 PM

Hi Yurika,
How about filing TPS form (I-821 and I-765) but not requesting for an employment authorization (EAD). This approach will make you get TPS at the same time not violating any status for J1-F2-H4 Visa. But I am not sure whether at the end of road, you can apply for EAD any time or should be within the TPS registration period.

yurika Jun 25, 2015 12:20 PM

Hi Ohio,

You raise a very interesting question. If you find the answer, whether filing TPS-EAD is evergreen or time bound.

Best,
Yurika.

bbmb Jun 25, 2015 12:22 PM

J1 has different category. 'Research Scholar' has the higher period of stay with the extension upto 5 years. There are other short terms categorioes which range from few months to 1 year.

In terms of getting into the TPS/EAD while in the F1/J1, my understanding is you terminate your F1/J1 to get into TPS, so there may not be violation of the status doing the work thing under TPS.

yurika Jun 25, 2015 12:28 PM

Hi bbmb,

It sounds good answer and opening other directions. If one wish to use TPS at the end of J1 visa, termination will be prudent .

Best,
Yurika

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