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

USCIIS clearly mentions that you can not apply for multiple OPT for same degree. However, you can use any amount of CPT , under which you are eligible for H1b ( have friends who got H1b under CPT). College who provide immediate CPT may not be legal (theoretically , student should be enrolled in that university at least for 6 months to get CPT), but its eventually their responsibility. You are still eligible to apply for h1b based on the CPT from those college ( have a colleague who got h1 from similar college).
Regarding TPS, it seems like your employer should be able to apply for your GC as long as you qualify ( like you have bachelor or master equivalent), despite the fact that TPS it self does not guarantee any status ( based on USCIIS).
Some one mentioned that you can come back to F1 after TPS expired. That is true only if you have not maintained the F1 or H1 continuously. Otherwise, you have to leave the country to get back to status, where probability is pretty low .

If I were in your situation, I would not leave my status at any cost. It's just not worth it . I have heard different opinion from different immigration lawyer regarding TPS. So , if it's possible, maintain your status even though you apply for TPS.

those were my golden 2 cents for you.

Mero_naam_ho boro

Few lessons for you and specially most of the Nepalese who only thinks this is the one and only way to get GC. First come in F1...Graduate...Get Job....Get H1B.....File for GC. Most of the Nepalese are so blindfolded and arrogant plus ignorant about these facts.

Now listen.... I agree that...this is one of the many ways to apply for GC but that doesn't necessarily means the person must follow this path or this is the only path. There is no need of H1B to file for GC. Even a F1 student can file for GC if employer is willing to do so. Ok again he doesn't even need F1. Any person can file GC in legal status if the employer is willing to do so. I think u probably also think we need to be in F1 to get H1B......lolololololol....that is also not true.... but I get it bro....most of the Nepalese have these false perception due to the lack of understanding plus we have seen most of our senior Nepalese following that path. Immigration law is vast and can be very different than we have actually rationalized.

F1 is only one of the zillion forms of status they have. So are you saying a person have to have F1 status or H1B status to file for GC. How about a person filing GC for extraordinary ability, how about U visa. There are 1000 of other ways and m sure you may not have heard a lot of them. Don't spread information that is not accurate.

Come sit with me for 1 day course. I will give u some knowledge on immigration.

Bottom line: Yes employer can file for GC regardless of their immigration status and yes they may have to go thru consular processing. But you cannot come and say hey you cant file for GC in TPS. Also I have seen many of my friends go thru consular processing despite being on valid F1 status. One of my friends just went back to get visa stamped since his change of status was denied and guess what he wasn’t in TPS. And do you know who makes the decision on whether the person has to go thru consular processing or not……. that guy sitting on that USCIS chair and deciding ur case…..its all up to him to decide your fate…… “kasaiko bau le ayera kei vanyo vane pani he wont give a shit”....no matter if u are in valid F1 or H1...if he wants you to go back and get visa stamped....you go back and do it.


Gwaach

I have a small question here,
Sorry for diverting a healthy argument (I love healthy argument).

My friend came here as a F1 student for undergraduate. After his OPT he joined master, but did not finish, he dropped out. He has been out of status for 3 years.

Two weeks ago he applied for TPS, and hopefully it will be approved.

He is planning to go to Dhoti consultancy and get a job, he has double computer degrees (one from nepal and one from US).

Here is the deal,
I know company could apply for H1b/GC for him, but is it possible to get GC. Applying is different than getting approved.

He is worried about his 3 years out of status which will ban him from reEnterting to US for 10 years.

He is working with the lawyer, but I just wanted to know out of curiosity.

Thank you in advance.

https://www.facebook.com/chhetrylaw?ref=hl

From what I hear "Mero_naam_ho" has f1-h1-gc path hardcoded in the brain. That is what I thought at first.
Not demotivaitng "mero-naam-ho" but that eventually brought out GWAACH to speak up about rationality behind the immigration process. That is very true.

Look at Desis coming on h1b. They can file h1b even though they never went to college here. so there are lot of things possible than what out seniors took .

Thank u all for the golden 2 cents(especially to pani-ma-......).

"From what I hear "Mero_naam_ho" has f1-h1-gc path hardcoded in the brain"
Nope, I don't know what made you think like that about me. I have never talked about filing for green card through f1-h1-gc... nor I ever implied that is the only one path for GC. Did I ?

I guess you guys didn't understand my point. I understand any employer can file h1 or GC for anyone who is lawfully present here in the united states. For that person it won't be a problem cause his/ her status will be changed to new one. As the person is already in a lawful status that would be just "Adjustment of status".

Now, lets talk about some one who doesn't have a status. Yes, for that person who doesn't have a status employer can file H1 or GC (To do so there is something called adjustment of status), but since the person doesn't have any prior status there would be no "Adjustment of status" (Neither for h1 nor GC), which means that person has to go for consular processing back home. Now, the law denies an entry to united states for those whose unlawful presence is 6 months (3 years), if it is more than a year the bar would be 10 years. Consular will see his/ her unlawful presence and will deny the visa. Now it doesn't matter whether or not your h1 approved you just can't re-enter the United states..The same applies to the GC too.. Just sit back and think if you don't have any prior status then how you can "Adjust your status". TPS doesn't allow this kind of adjustment and that's what my point is. You must have some other status to do an adjustment of status. if you don't have a status even if your employer file h1 or GC you have to go through consular processing and like I said once you go there based on your unlawful presence your visa will be denied.

So, yes technically even though employer can file h1 or GC , you can't have any of those, because you will be banned for re-entering united states if there is an unlawful presence. Now, please tell me how you will have h1 or GC?

I would love to hear input from anyone who can contradict my opinion.

@MimroRaMero

Unfortunately, your friend is right . Most probably he will be banned for re-entering the USA once he leave the country(I really wish I can be wrong here). I am not sure there is any other way to get GC approved (Other than the waiver - which is extremely difficult to obtain) with out leaving the country. You been a gem regarding TPS information. Let us know if you or your friend has any updates.

Thanks mero_naam_ho
You are right, waiver is almost impossible. My friend talked to some Lawyers and one of them said that it might be possible to adjust his status with lots of money and little luck, but I am not sure about it.

If my friend get H1, then he has to go back to Nepal. While coming back to US if he tries to use his h1 then he will get 10 years ban. And if he uses his TPS AP then he will not have his H1. And like you said, they might not even stamp his H1.


What if---what if
Let's say one company wants to apply his GC using adjustment of status, I know it's impossible. But lets say he got lucky and get GC, then I think there won't be any problems, right?

Of course if he got GC he won't have any problem. You have the golden paper and you are all set. But main question remains the same. How would he will obtain the GC without leaving the country ?As far as I know GC is an adjustment of status (if it is filled through employment) and to get a new status he has to leave the country.

Regarding adjusting status with lots of money and luck, I am not sure what does that mean ? Will you be able to provide any details?

"Lots of money and luck"
There might be some work around, I don't know. That's what lawyer said :)

My best wishes for your friend.

Thanks man, just wishing for someone brings good luck to other person, and you as well.

Mero_Naam_Ho boro,
I apologize if I have misunderstood your point coz I am Gwaach. I absolutely agree with 1 point you made here but not all.
Let’s say a person came here legally went Out of status and he applies for TPS and then H1B or even GC. In this case yes if the change of status is denied and he had to go thru consular processing then he may be denied entry to the US because he has accumulated illegal presence in the country but again there is a waiver form that they can use to get it overturned. In that case its matter of luck and it’s a gamble.
But if the person is in valid F1/H1 status and they file for TPS. Get the TPS approved and then leave his F1 or H1 status. How come he is out-of status? There is no accumulation of illegal presence in the country. That will not count against him. Again he may have to go thru consular processing in future which again is in the hand of god "uscis officer" but there is no question of illegal presence.

Rest of the Daju Bhais,

When you guys reference to a lawyer please comment only if you have talked to an expert in that subject matter (TPS). Don’t put your lessons here from a lawyer who have never took a TPS case. I talked to several lawyers and get their opinion on TPS but later I found out they have never handled even 1 TPS case. It is like hiring a Lawyer from North Dakota for an asylum case instead of one from SFO or NY. Get a lawyer who has actually handled TPS case. For example a lawyer from Hartford Connecticut has better chance to have TPS experience than the one in Madison Wisconsin. Do you know why???? Hartford has tens of thousands of Haitians re-settlers after their earthquake. So please don’t talk to marriage based immigration lawyer and shed the light regarding TPS.

Thanks

@GwaachKeta - No need to apologize. We all are brothers and brothers look after each others back. :)

Regarding the waiver - yes if a person can obtain one then he / she is all set. But in my personal opinion, getting a wavier from USCIS is difficult than getting a green card itself :). Please feel free to share any info if anyone got a waiver as it would be very helpful for other people here.

Regarding your second point - "Leaving status when in TPS". Honestly, I don't know much about that scenario. And yes you are right, if a person leave his f1 or h1 status while in TPS then his / her presence wouldn't be counted as illegal presence. But I am not sure whether or not he / she able to adjust his/ her status for h1 / GC later on. It is clear that TPS won't allow adjustment of status at all, so that person might have to go for consular processing, but as he/she doesn't have any unlawful presence he/she might able to obtain the visa. That would be the best case scenario and we can hope about it but I am not really sure about this. This is the only one scenario for which I am unable to find a solid and fool proof answer. People have different opinion about it. No one know how USCIS will handle this kind of case in future, after all they are the one who decides our fate. So for now I don't have any answer for this, all I have is speculation from different people.

To be on a safe side, I wouldn't mess with my current status (f1 / h1). If it is f1 I will keep going school. If it is H1 I will stay with that employer. And its because no one knows, what USCIS will say in future if you leave your current status.

https://www.f acebook.com/chhetrylaw?ref=hl

@MimroraMero i think the lawyer was talking about green card though investment, which requires lot of money and I dont know how much luck is needed.
http://www.uscis.gov/green-card/green-card-through-job/green-card-through-investment

Yea, that money is impossible :(