Hello all,

"ONCE YOU APPLY FOR TPS, YOUR CURRENT STATUS BECOMES VOID". SO THINK TWICE BEFORE APPLYING. GET A FULL CONFIRMATION AT FIRST.

To come back to your original status once TPS ends, you should consult the uscis officer near your field office to get the 100% accurate answer.
I am making an appointment next week and get confirmation for my questions.

However,
Just to share the info that I received from USCIS Customer Representative.

They even don't have the answers to the questions I asked.

My question was:
1) Can H1B holders apply for EAD card thru TPS and work part time to another employer while maintaining full time with current employer and protecting H1B status ? Ans: "I Don't have an answer for that however, you can make an appointment to USCIS officer via our info pass and you will get all the information you need from him."

2) Can H4 apply for TPS ? Ans: "Yes, but current status becomes void and you will be protected by TPS". Can he/she come back to H4 after TPS ends? Ans: "You will get your full confirmation on that as well once you visit to the USCIS officer near your location."


Also,
EAD Card Holders: You can't have a two EAD card. (Thats for sure) Either you need to leave your OPT/H1B EAD Card and have TPS EAD Card or use your existing EAD Card. USCIS don't authorize two EAD card for the same person. If you plan to use TPS EAD card, once TPS ends, your employer need to file H1B, leave the country again and come back on H1B Visa.

So, H1B holders, I don't see any benefit on applying for EAD card thru TPS. ( I will get full confirmation on this next week as well)

All immigrant Visas can apply for TPS , EAD card and work but remember again, your current status becomes VOID. To know whether you can come back to the original status you had before applying to TPS, I don't have a perfect answer for that. But, if you have questions, I can ask with the officer next week and get answers.

Remember again, Once TPS is granted, your current status becomes VOID.


Good luck to all.

@Statuspidit:

i) That's the second step. We need to resolve the first step though. What will be your status once TPS gets approved. If its's only and only TPS, then its really a bad news for F-1/H-1b holders unless they can get GC within TPS period.

Why its a bad news ? Ans. Because once you are in TPS, you can only adjust the status not change the status. So, you need to reinstate for F-1, H-1B visa with US consulate abroad providing the fact that you haven't violated your F-1/H-1B requirements during your TPS period. And, we don't wanna take this risk at all unless you are so sure that you will be granted visa anytime in future.

Also, within in this statement, there lies so many hidden questions.

PS: This is based on what I have heard. Need to verify from USCIS officer.

@coolbuddy
Read this carefully:

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.

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

For H1B's you can apply for TPS but if you work for anyother employer besides one in I979 or I 129.. you will be terminated...Tht's my understanding... not much of help for H1B incumbent status but one can apply for TPS as a back up and not use the EAD.

But I have no idea how will TPS impact your travel. H1B you can travel without restriction but when you apply for TPS you need to get travel parole which is not 100% guaranteed.

yes you are right, for H1B its useful only when at the worst case, if you lose your job and you could not get within 10 days another job.

Please suggest me:
My conditions are:
1)for the time being, I meet criteria for TPS since I am staying here till the given date but as F2. # It means i can apply for TPS but won't get EAD since i am not allowed to work?
2) the second condition is, in the mean time i have applied to change my status from F2 to F1 and it's in process. Probably July ma confirm hola because if everything goes right, i'm taking classes from this Fall.

Now, i need suggestions for the following questions..
1. Can i apply for TPS after changing my status in to F1 which is yet to be approved? But will surely approved within two months. If yes, i am not thinking to apply EAD under TPS because you guys are saying it may create problem for the reinstatement later. I want to apply TPS only because i overheard that i can pay tuition fee as instate condition under TPS; and when i complete my study and if TPS got extended i'm thinking to apply TPS EAD later.

2) if i cannot apply TPS later after changing my status in to F1, im thinking to apply for TPS now (but my status is F2). So, my concern is, can i go college under TPS with F2 status? If i can study under this condition, can i apply for on campus job? What happens when TPS get terminated? I think i cannot apply for reinstatement later in this situation since i will be violating the rule as f2 are not allowed to work!

I don't know how this TPS works!!
Plz suggest me!

@ Samikshya,

to make your things simple:

1. First convert to F1, if it happens before Dec21, you would be eligible for TPS and EAD.
2. Contact school DSO and discuss about your change in status from F1 to TPS and if they provide in-state tuition and you can enroll class.
3. If school don't admit you, work work make money, for school. once TPS ends, apply for adjustment of status back to F1 and go back to school,

problemsolver, adjustment of status is when you apply for green card, change of status is when you go from one non immigrant visa to another. read these from theGorton law:

By definition, you do not need to maintain F-1 status if you go on TPS. However you cannot "change status" from TPS, you can only "adjust status" from TPS. "Adjustment of status" means "get the green card inside the United States without having to leave." "Change status" means "go from one non-immigrant visa to another." Example: B-2 -> F-1 = change of status. F-2 -> F-1 = change of status. TPS -> Green Card = "adjustment." Not trying to confuse anyone, this is just what they're called.

so if i understand correctly unless you have any means to adjust status say family petition or asylum you can not adjust the status. for change of status like you mentioned one has to leave the country and come back to change it.

. "Adjustment of status" means "get the green card inside the United States without having to leave.