mike_tyke21
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 TPS to EB3 filing
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immigration tps h1b green card eb3 work visa
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Posted on 04-10-16 2:09 PM     Reply [Subscribe]
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Does anyone here have experience with moving from TPS to EB3 filing? are we required to go back to Nepal to do so?
 
Posted on 04-10-16 4:10 PM     [Snapshot: 51]     Reply [Subscribe]
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From what I understand, if you entered the country legally, and you have not been out of status, you do not have to go outside when changing your status. i.e. before being on TPS, you were in some legal status like F1 or H1B. In this case, you need not exit the U.S. to apply for EB3.

If you were out of status for less than a year, you need to go back to Nepal and apply for GC from there.

If you were out of status for more than a year, according to the below link I found, apparently you will be subject to the "10 year bar" for re-entry to the U.S.
https://guruimmigration.me/tag/adjustment-of-status/

Hopefully you have not been out of status and if you have, it's less than a year.

I am not an attorney so do not take the above as 100% factual.  Please consult with an experienced immigration attorney. Good luck!
Last edited: 10-Apr-16 04:19 PM
Last edited: 10-Apr-16 04:21 PM

 
Posted on 04-10-16 4:37 PM     [Snapshot: 82]     Reply [Subscribe]
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Actually it seems unlawful presence for more than 180 days (6 months), triggers a 3 year bar, and unlawful presence over a year triggers a 10 year bar. There may be provision for appeals. See link below.
http://shusterman.com/unlawfulpresencesimmigrationbars.html

[Reminder: I am not an attorney; please consult one for proper advice]
 
Posted on 04-15-16 12:28 PM     [Snapshot: 348]     Reply [Subscribe]
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Your question is not clear. What do you mean by EB3 filing?

You can file for EB3 PERM on any status or even for people in a different country without a status in the US.

As torila said, the question only comes in during the adjustment of status i-485. You get to this step from any way to get green card - from marriage or PERM.
 


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