Hello All,

I met with an USCIS officer yesterday. Here are the few info I received from them.

TPS kills your previous status but you can come back to your original status once TPS ends and you must be maintaining that previous status. As that being said:

For F-1 : If you did/will graduate in 2014/15/16 and didn't make in H1b lottery, Good news. Apply TPS and then work for the company and tell them to file I-140 directly.

For F-1 graduating after 2016, Apply TPS, apply EAD, work if you want but ask DSO to keep your sevis active and mention you will be maintaining full time (taking minimum course hours). (You dont have to mention, oh, I will be working off campus since I will be having my EAD. Some stuffs need to be kept secret. ) As long as your sevis is active, you can come back to F-1 status once TPS ends.

OR, for F-1, apply TPS and apply economic hardship so that you can work off campus, work more than 20 and still your sevis remains active and you can come back to your original status.

(Regarding working more than 20 hours off campus or on campus. How can USCIS verify you have worked off campus or on campus? Many of us have worked with SSN back in those days and now they have a GC in their hand. Working shouldn't be a big deal at all. If USCIS comes for a random check, you have an EAD. So, you should be just fine. My view though!!!)

H1B: No good at all, kills your current EAD and once TPS ends, you need to apply for another EAD which might be tough to be selected next time.

H4/F2: Apply TPS and EAD, work, study and then later if your spouse didn't file for I-140/I-485 till that time, you guys need to leave the country again and come back again with dependent visa. Take it on your own risk. :)

B1/B2: Enjoy the TPS. You guys can stay until TPS ends.

J-1 visa: As long as your company sponsors you and you will be able to file I-140/I-485 with in the TPS period. You can adjust the status. Time plays a role here.

Good luck to all.

(PS: I am not a lawyer and all the info I received was based with the interactions with that Officer. In one of my questions, his answer was: Was Nepal granted a TPS? LOL, and he was a supervisor of that location. So, Administration doesn't know much either. Again, Believing or not is your choice )

"For F-1 : If you did/will graduate in 2014/15/16 and didn't make in H1b lottery, Good news. Apply TPS and then work for the company and tell them to file I-140 directly."

If only employers would do that easily. They are very well aware that applying I-140 for an employee will get them a Green Card which does company no good. The whole point behind H1-B was to benefit the company as the employee won't have much leverage if he/she wants to change jobs. Companies use I-140 as their last resort. Therefore, I would be careful if you would want to work long term and start working on TPS EAD expecting that employers would apply for I-140 pretty easily.

For H1B : Can't you use your TPS EAD as a backup if in case you lose your current job? Employment in USA is at-will meaning that you or the company can end the job with/without cause. In instances as such, H1-B would definitely benefit from TPS EAD as he/she would have a valid work permit to look for another job. I don't see any reason why H1-B would only apply for TPS and not for EAD. I am under the impression that TPS EAD is a cushion that protects you whether or nor you have a job now. If you were to lose your job 6 months from now, TPS EAD should help you find another one.

I will graduate in December of 2016. I am applying for TPS but have no problem maintaining F1 status till then. I am wondering if it is the only time to apply for EAD or its possible to apply for it later when needed (lets say after my OPT expires and I didn't get H1B by then if TPS continues till that period). Will working on TPS EAD create any issue when applying for H1B through employment?

On different note, can all Nepalese working on TPS EAD apply for H1B in future if their employer agrees to do so?

Currently i am not in condition to continue my graduate studies. I already applied for TPS so, just a question if TPS end do i will be eligible to Reinstatement my F1 status to continue my graduate studies.

@BioMed
Even if you don't want EAD now, you have to apply for it, but chose NO on the question>> are your applying for EAD?
Just apply TPS for now, and maintain your status. If you are planning to apply for OPT, and get a EAD then you don't have to worry about TPS EAD. If you are STEM then you will get EAD for 27 months. Let's say you did not get your H1B, then you can apply for TSP EAD if TPS continue till that time, but how your are going to maintain your F-1 Status that time. After your OPT EAD expires, either you have to go back to college, or you become out of status.

Tips: The good thing to apply TPS EAD now is that you can work outside, and after you graduate you don't have to wait for 3-4 months to get your OPT EAD. You can start working on any company the day you graduate :)

>> Will working on TPS EAD create any issue when applying for H1B through employment?
>>>> Nop, it will not create any issue, but if you apply TPS EAD while you are in your OPT TPS, then your OPT TPS will get canceled.

>> On different note, can all Nepalese working on TPS EAD apply for H1B in future if their employer agrees to do so?
>>>> It depends on everyone's situation. I think people who are living here legally will not have any problem, but I am not 100% sure about people who are living illegally. I will come to this question when I am 100% sure :)

@chulbul
If you do not maintain your F1 status then by the time TPS ends you will be out of status. I don't think you can go back to student again.
I don't know what is the condition you have, but you should continue your study, and work full time on your TPS EAD.

@MimroRaMero, Thank you for your response.

I am in STEM program however I already used my one-time 17 months extension on my previous OPT. Hence, I am looking at 12 months OPT EAD. Will it be wise to apply for TPS EAD if I didn't get my H1B during my OPT? (before the expiration of OPT EAD). I will look for jobs at university (H1B quota exempt) so just trying not to make situation complicated during H1B (being said that TPS EAD doesn't affect H1B eligibility).

Just wanted to confirm with you; if I apply TPS EAD now, and if it continues beyond Dec'16 (my graduation), then my F1 status will be terminated right after 60 days from graduation (since I won't apply for OPT EAD) unless I get enrolled in another school, isn't it?

I have two options now; 12 months OPT EAD (Dec'16 to Dec'17) OR TPS EAD (Now - ??)

I think I will go with TPS EAD.

@BioMed
I am not a Lawyer or expert on this matter, but I have been doing lot of research on this matter for couple of weeks.

If I were you, I would just apply for TPS EAD right now, and maintain my F1 Status, does not matter what the future will be.

If you are illegal, it will be almost impossible to change the status from TPS to others status. Only way is to marry US citizen, or having a US citizen relatives. So if your SEVIS gets terminated then I don't think, it is possible to go back to F1 again.

TPS might go for years, so we don't know how long, but it will be extended at least for an another term (Worst case scenario).

Please talk to your DSO at international office about what will happen if you don't apply for your OPT EAD.

Good Luck

@Mimroramero

I am currently working on OPT EAD, I was planning to apply for TPS EAD since my OPT EAD expires on May, 2016.
However, I want to continue working on OPT EAD and apply for H1 next year. If it doesn't get approved , I will apply for TPS EAD to work on it.

Meanwhile, when I apply for TPS USCIS officer told me that my current VISA status will be terminated which means I will no longer be F-1, my status will be TPS , am I correct?

If I am still working on OPT -EAD and I have to travel during November - December, assuming I get TPS will I travel on my I-20 or on TPS advanced Parole document?

@info_khojeko

USCIS Officer was right. Your current status gets terminated. However, once TPS ends and you maintained your original status, you can get that status back. Once you are approved for TPS, you can't just travel. You need to get your AP documents. If you travel just with your Visa & I-20 without AP, your TPS gets cancelled too.

If I were you, I would apply TPS only, get AP, travel Nepal with AP, come back and apply H-1B next year. If you didn't make H1B next year...you might be out of status after may, 2016. Coz you will have only TPS status and not other status.

As that being said, the best bet is, apply TPS, apply H1b next year, if not selected in lottery, go for the graduate program (take evening classes and continue working under TPS).
The bottomline is: MENTION YOUR SEVIS ACTIVE TO GET YOUR STATUS BACK ONCE TPS ENDS.

@info_khojeko,
Usually USCIS starts accepting H1B visa petitions for next fiscal year starting from April 1st of the current year. If your OPT expires on May, how would you get new EAD through TPS within that short period of time?

Didn't understand the second part. Are you asking or telling us?

If you have valid EAD through OPT, you travel on I-20 since your are still on F1 status, however traveling is not recommended during OPT. You might get hard time at Port of Entry because you may not have valid reason for re-entry as you are already graduated.

Just my thought.

@BioMed
@MimroraMero
@Coolbuddy

I am working under OPT EAD now, I do understand that travel during OPT is a problem , but I have my offer letter and pay stubs to verify that I am working.

I have my OPT until May 2016. If I apply for TPS and continue working on my OPT-EAD, will I still need AP document?

I will have TPS status if I apply for it now, and I will apply for H-1 B next year April... If it doesn't get picked I will apply for TPS -EAD ? Will that work?

@info_khojeko

I am working under OPT EAD now, I do understand that travel during OPT is a problem , but I have my offer letter and pay stubs to verify that I am working.
=> People have done it, and you should be fine too.

I have my OPT until May 2016. If I apply for TPS and continue working on my OPT-EAD, will I still need AP document?
=> If you get TPS, it would be nice (to be safe) to have AP too, isn't it?

I will have TPS status if I apply for it now, and I will apply for H-1 B next year April... If it doesn't get picked I will apply for TPS -EAD ? Will that work?
=> I too have same confusion, can we apply for TPS-EAD when we need it? Since you are working on OPT EAD, you better get TPS EAD right on time before current one expires.

Hey Guys,
Travelling on OPT doesnt cause any issue if you have valid visa of more than 6 month. I just traveled last year when I was in OPT. Came back safely. Nothing happened.

@Bio-Med:


I will have TPS status if I apply for it now, and I will apply for H-1 B next year April... If it doesn't get picked I will apply for TPS -EAD ? Will that work?

My thought on this :
Yes it will. Coz, Once you will approved for TPS, this means, US is providing you to stay unless your country is safe to travel. So, does this mean you will get government assistance i.e, government funding during the stay ?
Nope.. So, what does US do - They will provide you the EAD at any given time once TPS gets approved.

Else, How do you survive here in US when they don't allow you to go back to your home country. They will make eligible you to work at any given time. (This is my guess only....)

On your 2nd question...Once you get TPS and travelled without, AP, your TPS gets terminated. So, TPS holders must apply for AP before you depart to any country.

@ Coolbuddy
@Biomed

I heard that, we can travel for brief amount of time , come back and apply for TPS - however, the duration of stay should be less.

The problem is I have to travel during November - December. Can I apply for Advanced Parole travel (I-131) document along with my TPS application?

That's really a good question for me as well. I would recommend you to call USCIS directly and figure it out.

@ Sajha Keto,

just you were safe returning back on your OPT doesn't mean every one will be safe. It is clearly written in OPT card, "Not for Reentry", hope you showed a cause to go and come back nepal, or you were lucky, they did not interrogate you at the port.

Don't just say easily that nothing happened to you.

@Problemsolver,
If you dont have any bad record, then I can easily say that nothing will happen. Not only me, I have 5/6 Nepalese friends and 7/8 Indian friends who either traveled on OPT or OPT extension.
FYI,
You're not supposed to show EAD at POE rather you need to show your I-20 (traveled signature on last page from your university) and passport.
For backup: have paystub, EAD and employment letter handy.

At last, I am not IO to guarantee so whatever I have said above is based on the experiences I and my friends have.

@ Sajha keto,

Now you came to point, not to show EAD card. That helps to other and makes sense. If it's someone's bad day, then they will find out anyhow, otherwise as Sajha Keto said, I agree.

@ info_khojeko

As you already know from above discussion that traveling on OPT is not 100% risk free.

You can apply for Advanced Parole (I-131) document along with your TPS application.