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 PLEASE HELP WITH TPS FILING
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TPS Late filing opt
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Posted on 10-26-16 5:12 PM     Reply [Subscribe]
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Hi All,
I am so confused right now. I didn't apply for TPS the first time, as I was graduating and applied for OPT instead. But now that TPS extended, can I apply for the TPS (late filing) ? Also I have my OPT-EAD which is valid until July 2017 and can be extended until 2018.

If I do apply for TPS, do I need to write a letter explaining why I didn't apply the first time? If so, what should I say?

Any suggestions will be appreciated!
 
Posted on 10-27-16 10:55 AM     [Snapshot: 173]     Reply [Subscribe]
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gsh , for the late filing I would consult with a good lawyer. write the letter along the lines of I had brought some money for school and thought would be enough for the rest of the school / stay but i decided to change career but my parents aren't able to fund the schooling because the earthquake severely affected his business he was an importer , he ran a school , he ran a farm , he ran a factory , he was in tourism industry , your house fell down, medical bill etc. ...someone got injured etc.
 
Posted on 10-27-16 10:58 AM     [Snapshot: 183]     Reply [Subscribe]
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on top of that you have to meet this.

To qualify to file your initial TPS application late, you must meet at least one of the late initial filing conditions below:

During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition
You were a nonimmigrant, were granted voluntary departure status, or any relief from removal
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
You were a parolee or had a pending request for re-parole
You are a spouse of an individual who is currently eligible for TPS
OR

During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you were a child of an individual who is currently eligible for TPS. There is no time limitation on filing if you meet this condition. So if your parent is currently eligible for TPS and you were his or her child (unmarried and under 21 years old) at any time during a TPS initial registration period for your country, you may still be eligible for late initial filing even if you are now over 21 years old or married. You may file during an extension of your TPS designated country
 
Posted on 10-27-16 11:28 AM     [Snapshot: 217]     Reply [Subscribe]
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@gsh. I am also in the same situation. I have been following the "Filing Late" criteria for other TPS countries even before Nepal TPS was extended. I also had an OPT STEM EAD last year that was valid until 2017. Stem OPT recently got extended to a period of 36 months, so my OPT is valid until 2018. Below is my analysis of "Filing Late". There are two criteria for Late Filing
1) Meet at least one of the late filing criteria
2) Continuos physical presence in US since June 24, 2015.

I am pretty sure that you meet criteria #2 of continuous physical presence in US. For #1, OPT is considered a non-immigrant visa. We have a very valid and good reason of not applying because the EAD we got from OPT was beyond the original Nepal TPS end date of December 24, 2016. I believe these criteria should be enough for "Late Filing".
 
Posted on 10-28-16 9:38 AM     [Snapshot: 429]     Reply [Subscribe]
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Yeah, I think the same. Thanks guys.
 


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