My Situation
I am in a unique situation where I am working in a CPT status. I applied for H1B this April but was not picked in the lottery. After my opt expired on May I joined a CPT college and am working in the IT field through a desi employer. That technically put me in F1 status . I applied the for the TPS and have got the EAD till december for 2016. (I also have a MBA already). I am planning to leave the college as I already have my masters and going to college just to maintain my status.

My questions
1.I know TPS doesn't directly lead to GC. Can my employer continue to file for my Greencard while in TPS status (If i leave the F1 status.)????
2. What are the consequences that could occur if I get away from the F1 Status?

(I did some research and lots of sites related to immigration lawyer suggested that it was possible to change status from TPS to GC if the employer files for it)
some links
http://www.lyttlelaw.com/temporary-protected-status-tps.html
http://www.nolo.com/legal-encyclopedia/frequently-asked-questions-about-temporary-protected-status-tps.html

1.I know TPS doesn't directly lead to GC. Can my employer continue to file for my Greencard while in TPS status (If i leave the F1 status.)????

Nope employer can't file GC once you leave your f1 status.

2. What are the consequences that could occur if I get away from the F1 Status?

End of your career here in USA. You will be good until TPS is valid (Dec 2016). After that you are done.

3. You forgot add another question so I am adding .

Working through CPT ( I bet you are enrolled in one of those college that provides a CPT right away) even after completing a Master? . If so then forget about filing for GC, you will have hard time having your h1b getting approved.


My 2 cents advice - Don't even think about going out of status.

1.I know TPS doesn't directly lead to GC. Can my employer continue to file for my Greencard while in TPS status (If i leave the F1 status.)?
--> Yes employer can file Greencard from TPS status.
2. What are the consequences that could occur if I get away from the F1 Status?
-->You will still be in legal status through TPS. Once TPS ends, if you want to go back to F1, you can still do it.

Thank you both mero_naam and Damauli.

One quick question to mero naam:
PER Uscis
"TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:

Applying for nonimmigrant status
Filing for adjustment of status based on an immigrant petition
Applying for any other immigration benefit or protection for which you may be eligible"

The USCIS site clearly says that end of TPS does not mean end of life in US. Adjustment of status is very much possible. Were those answers just your gut feelings or what you think?

From all the lawyer sites I see and the USCIS site it looks likely that GC while in TPS is a possibility.

Thank you for your help guys!

If anybody is in similar situation or know anyone who is in this situtation with potential solutions. Please pitch in your 2 cents.(I see the thread getting good views.)

Thank you

mero_name_ho -- Thats such a load of crap.

Regarding the question:-
You can file for green card regardless of TPS. TPS is not a permanent status and thus called temporary. So yes maintain your status. So you can go back on it. You can still go back from TPS to F1 even after losing status. Lawyers can do it but I think that should be your last option. What you can do is take a semester break and come back next semester. TPS will get you travel doc so thats one option. That way you do not have to pay for school for a semester.

And regarding mero_name_ho 's next advice about CPT and GC ...he does not know what he is talking about thats why his name is a 'HO' lol. I know many friends who went to those colleges and know have a GC through H1b. Yes CPT is a loop hole but its a legal loop hole.

I would not give up the F1 status - at least for now.
TPS usually extends up to 5 years. Haitian's TPS is still active after the 2012 Earthquake so yea you might have 3 masters :D but there's a good chance you will be able to pay for it.

And please take advices here with a grain of salt.

Lau na Sajha ka aru ni sathi haru! Bichar byakta gardina Paryo!

as per my understanding you have to have a basis to adjust the status. TPS alone won't let you adjust. If you are eligible for EB2 or EB3 you can adjust noting that you are maintaining the required status. But if you marry american citizen while in TPS(f1 out of status) you still can adjust or if you are already eligible for something else you still can.

My understanding:
Lets say you were in legal immigrant status till you applied for TPS and you got TPS and EAD and started working on TPS EAD thereby nullifying previous nonimmigrant status (or previous non immigrant status expired during TPS processing), if your employer sponsors you for employment based green card by going thru PERM, i 140, you can apply for Adjustment of Status in US. You never accrued unlawful presence in US. The basis of AOS will be employment sponsorship and no unlawful presence.

If you were not in legal nonimmigrant status before applying for TPS, and you got TPS n EAD and started working on that EAD, if your employer sponsors you for employment based green card by going thru PERM, i 140, you cannot apply for Adjustment of Status in US but have to go thru Consular Processing in US embassy in Nepal for GC visa interview after i140 is approved and priority date is current. You may be subjected to any consequences regarding your unlawful presence before you applied for TPS. The basis of non eligibility of AOS will be unlawful presence till USCIS received TPS application.

If you were not in legal nonimmigrant status before applying for TPS, and you got TPS n EAD and married a US citizen (whether you work or not), you can apply for AOS for GC since they usually don't care about unlawful presence if you are married to a US citizen unless you had entered US illegally.

I am open to any other views.....

Or Use TPS as long as you get and hope Hillary wins and expect some immigration reform. I know she would like to give greencards to all the illegals.

mangale , I like the optimism but she is not going to do anything. If it was Bernie Sanders than yest I would have that hope.

I am not going to contradict anyone's opinion here. People are free to do whatever they want to do including listening "some my friends had.... ". It's up to you whether or not you want to maintain your status. @ny2 already explained it in such a beautiful way.

In summary " Employer can't file GC once you go out of your status (f1 / h1). TPS will not help you adjust the status at all".

If CPT is legal why would USCIS deny COS ?

Too much wrong info in this thread, guys visit a lawyer !!

Hey Guys,

About CPT and H1, I have been working on CPT for 2 years. This year finally my H1 got picked and my COS also has been approved. Also awesome thing is I even did not get RFE.
Direct H1 approval with COS approval.
So the chances of getting RFE is high and also COS is high. But before filing the H1 find the better company. I am currently working for one good vendor.
Good Luck to Everyone.

Question is not about legality of CPT, rather it is about abuse. There are two parts: -

First part - Schools issuing CPT

I agree school will issue CPT, however while doing that school don't ask about your previous CPT or OPT or anything like that. They just issue CPT because they are allowed to.

Second part -

Now, USCIS will see this as an abuse of CPT. Someone who already utilized their OPT period after completing their masters (I don't know much about folks who completed their undergrad and doing masters) and working using CPT from another masters . How do you explain that to USCIS ?

I wished some one had told me about this CPT crap. Again, I am just sharing info that I know and that's all. Not trying to scare any one but trust me, this CPT crap will come back to bite you.

@gonecrazy

Good for you and consider your self lucky. You should have bought some lottery tickets too.. :) However I am wondering

1) Were you doing your masters after completing your undergraduate ? or Was it your second master?
2) Have you applied for your OPT and utilized it?

http://dallas.craigslist.org/mdf/lgs/5172627248.html

mero_naam_ho

I agree that if possible avoid CPT from those schools. However I would rather make 70K working and pay 20K for school. School wont mean shit but the things I learn at work will take me a long way.

I'm assuming you are one of this who got denied because of CPT. I'm sorry to hear that but was that the actual reason they gave when you got denied ? I know a lot of folks from vastika with got denied this year some CPT some None.

My suggestion to contractor folks would be to get less paying full time before you apply for the H1b. Small companies are fun to work at. Its hard to get it but you will eventually find if you are good persona and good at what you do.

@mero_naam_ho

I have completed my undergrad. Worked on OPT full 29 months.
Did not make H1 lottery.
Then went to CPT school for grad. CPT from first semester. Applied H1. Did not get the lottery.
Third time applied. Got the H1 lottery. Approved without RFE.
Even I was suprised when no RFE. Got lucky.