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 J1 visa and TPS- any insights?
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Posted on 06-25-15 9:15 AM     [Snapshot: 342]     Reply [Subscribe]
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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.
 
Posted on 06-25-15 11:40 AM     [Snapshot: 406]     Reply [Subscribe]
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@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.
 
Posted on 06-25-15 12:16 PM     [Snapshot: 464]     Reply [Subscribe]
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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.

 
Posted on 06-25-15 12:20 PM     [Snapshot: 468]     Reply [Subscribe]
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Hi Ohio,

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

Best,
Yurika.
 
Posted on 06-25-15 12:22 PM     [Snapshot: 465]     Reply [Subscribe]
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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.
 


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