Posted by: ark December 11, 2016
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I am assuming your PD is some day of Nov 2016.
As of this month, current PD date is 22 Feb 2015.
Consider the two scenarios as below:
1. As of this month, people living in the US with PD of 22 Nov 2015 or earlier are able to file i485, EAD and AP that allows them stay in the US till i485 is processed. However they can be given GC only when their PD becomes current. (i.e. only people with PD of 22 Feb 2015 or earlier will be given the GC at this time).
2. People living outside the US will have their visa interview scheduled if their PD is current (22 Feb 2015 or earlier).
Jumping to your case, you fall on scenario 1, so if USCIS keeps following the same way, you are around 1 year away from being able to apply for i485, EAD and AP. Once you apply for that, you can stay in US till your i485 is procesed regardless of TPS status. However depending on the number of cases USCIS gets, in some months, it might use the same PD of scenario 2 for i485 eligibility. Sot it's varies every month.
Nobody can predict whether you will be able to apply for i485 before your TPS expires or after that.
If USCIS keeps using the date like it's using now, you can apply for GC in around 1 year from now before your TPS expires and you can remain in the US till you get your GC upon approval and once your PD becomes current.
If you are not eligible for filing i485 by the time your TPS expires (because USCIS is unpredictable) and if there is no extension of TPS for Nepal at that time, either you have to be in other legal status to be able to file i485 in US later on or you have to leave US, process through NVC and wait for your PD to be current and go through visa interview process.
As of this month, current PD date is 22 Feb 2015.
Consider the two scenarios as below:
1. As of this month, people living in the US with PD of 22 Nov 2015 or earlier are able to file i485, EAD and AP that allows them stay in the US till i485 is processed. However they can be given GC only when their PD becomes current. (i.e. only people with PD of 22 Feb 2015 or earlier will be given the GC at this time).
2. People living outside the US will have their visa interview scheduled if their PD is current (22 Feb 2015 or earlier).
Jumping to your case, you fall on scenario 1, so if USCIS keeps following the same way, you are around 1 year away from being able to apply for i485, EAD and AP. Once you apply for that, you can stay in US till your i485 is procesed regardless of TPS status. However depending on the number of cases USCIS gets, in some months, it might use the same PD of scenario 2 for i485 eligibility. Sot it's varies every month.
Nobody can predict whether you will be able to apply for i485 before your TPS expires or after that.
If USCIS keeps using the date like it's using now, you can apply for GC in around 1 year from now before your TPS expires and you can remain in the US till you get your GC upon approval and once your PD becomes current.
If you are not eligible for filing i485 by the time your TPS expires (because USCIS is unpredictable) and if there is no extension of TPS for Nepal at that time, either you have to be in other legal status to be able to file i485 in US later on or you have to leave US, process through NVC and wait for your PD to be current and go through visa interview process.
Last edited: 11-Dec-16 02:32 PM