I have seen prior discussions about F-1 student & TPS but not specific to this. I hope this thread will serve for all the possible F1-student with TPS.

I have pointed my concerns below in case by case basis:

Case 1. I am in OPT and my OPT ends at March 2016.
# How does TPS benifit me? Can I file TPS-EAD and continue to work under it.
# What would happen after Dec 24, 2016 (end of 18 months period)?
# Will my status remain F-1 or I need to maintain my F-1 status while under TPS?

Case 2. Will TPS affect my ability to file for H1B if my OPT ends at march 2016?
# Do I need to maintain my F-1 status in parallel while under TPS for H1B?

As this is official now, has anyone in F1(cpt,opt), decided to go which way? What's the best approach to keep your F1 Status alive?

Avvo ko case haru heryo bhane lawyer haru mai farak farak bujhaai chha. Khai... ke hune ho thaaha chhaina bro haru.

Thik bhannoyou Status Pitid, there are conflicting answers in that link http://www.avvo.com/legal-answers/i-am-currently-on-h1-b-and-my-company-is-applying--2224333.html .Most of the people who become lawyers are not smart guys, you might find it interesting. lots of my friends who couldn't land a job cuz they didn't study technical stuff in the college became lawyers by taking huge loans. and the easiest part of law is the immigration law. Look at the answers in avvo, they have no decency to do any research for you and just reply whatever they feel like. As we all know it's a bs because we can read on uscis website that this is just a temporary protection, and applying or using it doesn't make you ineligible for the future status changes. so what's the problem? stay on tps then go to f1 or h1 or gc whichever is available for you when this ends in 18 months or more. don't believe these punks on avvo.. call uscis directly or take an info pass now and just go talk to an officer.
I have never received one straight answers from avvo for my immigration issues. they all seem to just want some case and reply in hurry. most of the time they just say i agree to my co lawyer etc ...

Ma ekdum sahamat chhu Thapa bro sanga. Really, immigration lawyer haru aafnai taal ko hunchha ke. What I have seen in all these years is most of the immigration cases are case-driven. That means, for example, if you get your asylum approved by doing so and so activities and by providing so and so documents, that may or may not apply to another guy's asylum case as well.

I found Avvo to be a good resource while doing a research on any law-related issues, but when I see the conflicting understanding on any subject matter between different lawyers, I feel like "What the f*** is going on? [Disallowed String for - use not allowed] haru le farak farak law study garechha ki kyaa ho USA ko baare maa??!!"

Now that the TPS has been granted 'officially', I don't see it getting not extended past the initial 18-month period. Jaabo 1.5 years maa ke nai hunchha ra bro haamro desh maa? I mean, improve bhaye ta jhan raamro hunthyo, but we all know how things go over there, UNFORTUNATELY!!!! :( So, we can be sure this thing will get extended every 18 months for a long time.


Jai Nepal!!

http://www.gpo.gov/fdsys/pkg/FR-2015-06-24/html/2015-15576.htm

You can also contact the TPS Operations Program Manager at
the Family and Status Branch, Service Center Operations Directorate,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by
phone at (202) 272-1533 (this is not a toll-free number). Note: The
phone number provided here is solely for questions regarding this TPS
Notice. It is not for individual case status inquires.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available at the USCIS
Web site at http://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833).

Hi All,

Is h4 dependent is also eligible for TPS? If yes, what happens when TPS expires (hopefully not soon :) ) as we see the history of TPS granted countries :-). will he/she will fall back to h4 as primary will be on H1? Please share information. Highly appreciate ur inputs.

Thanks
Jai Nepal

No one knows the answer of this question, (H4 or F2), someone call USCIS and ask the question.

What would happen someone in H4 or F2 apply TPS while his/her counterpart are maintaining status (after the end of TPS)?

H4/F2 visa holders, this is your opportunity not to be dependent on your spouse for everything. You can work and stand on your own feet. Also, you can change your status to H1B or start your Green card process during TPS.
If TPS stopped after 18 months and you have done nothing to change to other immigrant status, can go back to your original status.

This TPS is relatively new to everyone right now. But if someone gets me the answer for this it would be really helpful.

I am about to finish my masters in December. Was really hoping to get the OPT as i am in STEM. With this TPS, it really kept me in dilemma whether to go for TPS or OPT for around 30 mths.

Options:
TPS: will have sure extension and no fear if there is layoff. But no chances of changing the status to h1 or GC in the future. But laid back life for a while

OPT: Pressured all the time, but chances of H1 and GC in the future. But its like gambling. You may or may not.

My question would be. If TPS discontinues, would i be able to reapply for OPT as post graduation, or do change of status to OPT ?

Thank you if someone is in the same boat and looking for answers on similar situation.

My H1b 6th year is completing in Sept and I can file TPS but I have another option of filing GC through my wife in 6-7 month period.

My question is can she include me in her I-140 when time comes? and if she can what will be my status till we get Green Card?

Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg

There are several advantages of changing your status from F1 to TPS: a) you can continue your studies after receiving TPS; but, with TPS, you and your wife will receive permissions to work, Social Security numbers, and driver's licenses; b) with TPS, you can study part-time or even take a break in your study program without losing legal status in the US; c) with TPS, you can be a student in any school (while F-1 visas can be obtained and maintained only through USCIS-accredited schools which often charge higher tuition); d) unlike F-1 status, TPS will not expire when you finish your studies. If political situation in Syria stabilizes, and your TPS will not be extended, you can always go back to F visas (provided, of course, that you will remain a student at that time). However, history shows that, once granted to citizens of any particular country, TPS usually lasts for many years; and that country's citizens who are in the U.S. and received TPS, can continue to renew it even after the reason TPS was given to them is all but forgotten. I cannot readily think of any possible disadvantage of applying for TPS, but you should consult an immigration attorney to take into consideration all particular circumstances of your case.
Answer Applies to: New York
Replied: 6/21/2013

http://www.lawqa.com/qa/do-you-recommend-us-to-apply-for-new-tps-as-syrian

@guitarcaenter are you sure TPS will prevent you to apply for green card if the employer wants to file it.

@MTEVEREST I am sorry but i do not know it for sure. I am also looking for the answer. I would graduate pretty soon. and i am thinking that TPS EAD will be more beneficial than regular F1 EAD.. but i just wanted to know the situations in the long run using TPS EAD.. like filing GC or H1 on the regullar basis from F1 status. I will not be out of status in the meanwhile.. Will be obtaining my f1 status within that period of time as well

Are there any Nepali immigration lawyers in sajha who can enlighten us. This TPS thing is way too complicated.

This is the reply i found below from Bikesh Dahal who posted from his FB at the bottom:

Yo TPS bats h1b apply garna namilne Blane chai hudaina. Tara, H1B bharda chai adjustment of status bhanera garna paidaina.
H1B bharda consular processing bhanera bharnu parcha ani yedi lottery ma paryo bhane chai Nepal gayera visa lagayera matra kaam garna thalna paucha. ( OPT bats H1B parda jasto October 1st dekhi Nepal nagaikana suru garna chai paidaina)
ani yedi 18 month pachi TPS extend garena bhane chai Nepal gayera arko visa apply garna paucha( like f1, grad school tira Jana lai ani yo TPS am baseko bhanera visa Nadine chai hudaina)

Green card pani apply garna paucha( yedi family Athawa work bata sponsor bhayo bhane) . Also, asylum pani garna milcha ra army am pani Jana milcha ( TPS bhayera yo Kunai pani Kura lai advantage hudaina Tara TPS am baseko vayera disadvantage pani hudaina)

When the Secretary terminates a
country’s TPS designation through a separate
Federal Register notice, beneficiaries return
to the same immigration status they
maintained before TPS, if any (unless that
status has since expired or been terminated),
or to any other lawfully obtained
immigration status they received while
registered for TPS. (U.S. Citizenship and Immigration
Services [CIS No. 2568–15; DHS Docket No. USCIS–2015–0003]
RIN 1615–ZB39)

When the Secretary terminates a
country’s TPS designation through a separate
Federal Register notice, beneficiaries return
to the same immigration status they
maintained before TPS, if any (unless that
status has since expired or been terminated),
or to any other lawfully obtained
immigration status they received while
registered for TPS. (U.S. Citizenship and Immigration
Services [CIS No. 2568–15; DHS Docket No. USCIS–2015–0003]
RIN 1615–ZB39)

This was on seperate notice released by uscis today for f1

When a student applies simultaneously for TPS status and benefits under this notice, what is the minimum course load requirement while an application for employment authorization is pending?

The student must maintain normal course load requirements for a full course of study unless or until he or she is granted employment authorization under this notice. TPS-related employment authorization, by itself, does not authorize a student to drop below 12 credit hours. Once approved for “severe economic hardship” employment authorization, the student may drop below 12 credit hours (with a minimum of six semester or quarter hours of instruction per academic term if the student is at the undergraduate level, or for a minimum of three semester or quarter hours of instruction per academic term if the student is at the graduate level). See 8 CFR 214.2(f)(6), 214.2(f)(5)(v), 214.2(f)(9)(i) and (ii).

If a student has been approved for employment authorization under TPS, how does he or she apply for authorization to take a reduced course load under this notice?

There is no further application process. The student only needs to demonstrate economic hardship caused by the April 25, 2015 earthquake in Nepal to his or her DSO and receive the DSO recommendation in SEVIS. See“supporting documentation,” above. No other EAD will be issued.

Can a student who has been granted TPS, and has allowed his or her F-1 status to lapse, apply for reinstatement to F-1 student status?

Yes. Current regulations permit a student who falls out of student status to apply for reinstatement. See 8 CFR 214.2(f)(16). For example, this provision would apply to a student who worked on a TPS-related EAD or dropped his or her course load before publication of this notice, and therefore fell out of student status. The student must satisfy the criteria set forth in the student status reinstatement regulations.

To: Woog Law Office, LLC

How about when I graduate while in TPS? Do I still have to apply OPT during a grace period and get new EAD as I will already have EAD through TPS. I don't think so we can have both EAD from OPT and TPS. But for me, it is best to have TPS EAD; however, utilizing EAD OPT is like maintaining F-1 Status. Does it goes like this way?
Little complicated for me, but it looks like that you have a lot of experience about TPS cases. We will be very happy to get information from you.
Please update us. Thank you.

To: Woog Law Office, LLC

How about when I graduate while in TPS? Do I still have to apply OPT during a grace period and get new EAD as I will already have EAD through TPS. I don't think so we can have both EAD from OPT and TPS. But for me, it is best to have TPS EAD; however, utilizing EAD OPT is like maintaining F-1 Status. Does it goes like this way?
Little complicated for me, but it looks like that you have a lot of experience about TPS cases. We will be very happy to get information from you.
Please update us. Thank you.