Posted by: mero_naam_ho August 24, 2015
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@GwaachKeta - No need to apologize. We all are brothers and brothers look after each others back. :)
Regarding the waiver - yes if a person can obtain one then he / she is all set. But in my personal opinion, getting a wavier from USCIS is difficult than getting a green card itself :). Please feel free to share any info if anyone got a waiver as it would be very helpful for other people here.
Regarding your second point - "Leaving status when in TPS". Honestly, I don't know much about that scenario. And yes you are right, if a person leave his f1 or h1 status while in TPS then his / her presence wouldn't be counted as illegal presence. But I am not sure whether or not he / she able to adjust his/ her status for h1 / GC later on. It is clear that TPS won't allow adjustment of status at all, so that person might have to go for consular processing, but as he/she doesn't have any unlawful presence he/she might able to obtain the visa. That would be the best case scenario and we can hope about it but I am not really sure about this. This is the only one scenario for which I am unable to find a solid and fool proof answer. People have different opinion about it. No one know how USCIS will handle this kind of case in future, after all they are the one who decides our fate. So for now I don't have any answer for this, all I have is speculation from different people.
To be on a safe side, I wouldn't mess with my current status (f1 / h1). If it is f1 I will keep going school. If it is H1 I will stay with that employer. And its because no one knows, what USCIS will say in future if you leave your current status.
Regarding the waiver - yes if a person can obtain one then he / she is all set. But in my personal opinion, getting a wavier from USCIS is difficult than getting a green card itself :). Please feel free to share any info if anyone got a waiver as it would be very helpful for other people here.
Regarding your second point - "Leaving status when in TPS". Honestly, I don't know much about that scenario. And yes you are right, if a person leave his f1 or h1 status while in TPS then his / her presence wouldn't be counted as illegal presence. But I am not sure whether or not he / she able to adjust his/ her status for h1 / GC later on. It is clear that TPS won't allow adjustment of status at all, so that person might have to go for consular processing, but as he/she doesn't have any unlawful presence he/she might able to obtain the visa. That would be the best case scenario and we can hope about it but I am not really sure about this. This is the only one scenario for which I am unable to find a solid and fool proof answer. People have different opinion about it. No one know how USCIS will handle this kind of case in future, after all they are the one who decides our fate. So for now I don't have any answer for this, all I have is speculation from different people.
To be on a safe side, I wouldn't mess with my current status (f1 / h1). If it is f1 I will keep going school. If it is H1 I will stay with that employer. And its because no one knows, what USCIS will say in future if you leave your current status.