Posted by: Bikram_Gurung October 27, 2016
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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".
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".