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 )

I have come to these conclusion after reading all these discussions.
Correct me if I am wrong, and please add more if you have.

> If you apply for TPS then only way you should travel outside of US is using Advance Parole (AP).

> Once your TPS gets approved, and you travel outside of US without AP, your TPS will be terminated.

> You can apply for TPS now, and apply TPS EAD whenever you want until the TPS expires.

> If you already have EAD, and you apply TPS EAD, your previous EAD will be terminated.

> To apply for your Travel Document (AP), first TPS needs to be approved.

> Once you leave US, it is not 100% guarantee to get back to US, regarding the VISA/Status you have. So always have enough documents.

> After your TPS gets approved, your status will be TPS, regardless of the status you have.

I have one question: After USCIS started processing the case, what is the status now. One of my friend came to US as tourist, and his I-94 date will expires in 20 days. It will take 3-4 months to approve his TPS, and by that time he will be out of status. So what is the best things to do?

Thanks in advance.

@ MimroRaMero:

I completely agree with all your statements besides:

> If you already have EAD, and you apply TPS EAD, your previous EAD will be terminated.

It depends on your expiration of your previous EAD. If your EAD is expiring after Dec 2016, there is a less chance that your TPS EAD will be approved. USCIS will pick one and might reject your TPS EAD unless you provide a valid reason to go with your short term TPS EAD.
(As current, USCIS only sees TPS EAD until Dec 2016, although we hope it extends after that.)

After USCIS started processing the case, what is the status now. One of my friend came to US as tourist, and his I-94 date will expires in 20 days. It will take 3-4 months to approve his TPS, and by that time he will be out of status. So what is the best things to do?
My thought: He might be on an exempt. So, if he files his TPS before I-94 expires, he should be good. (Need a full verification though )

@coolbuddy
Thanks

I was looking for more info about exempt, but no luck.

@ MimroRaMero
@ coolbuddy

"You can apply for TPS now, and apply TPS EAD whenever you want until the TPS expires."

I am not sure about this statement. Did you guys find any info on that? It would be a lot easier for students who are not graduating anytime soon and/or don't need EAD now.

@Bio Med:

That is agreed based on these follow assumptions:

1) TPS EAD form costs - 385 bucks. ( Ex. 30k people applied for it - that's like 11.5 million right away) Why do US wont accept that ?
2) US don't provide government assistance on TPS.
3) They can't deport people with approved TPS.

So, what you think they will do ? They will provide that EAD at given time. What if TPS people say, my sponsorship can't provide me any money and I dont have any money left?

So, I am 90% sure that they will provide EAD at any given time provided that you have a approved TPS.

Good luck !!!

I am trying to fill out I 765. QUESTION 16 ma k lekhne hola for f1 Masters student currently working on OPT. i think it should be c 3 C but want to confirm.

Thanks in advance.

@saptarangi,

F-1 Student Seeking Optional Practical Training in an Occupation Directly Related to Studies:
(c)(3)(A)--Pre-completion Optional Practical Training; (c)(3)(B)--Post-completion Optional
Practical Training; (c)(3)(C)--17-month extension for STEM Students (Students With a degree in
Science, Technology, Engineering, or Mathematics).

Thanks Biomed. Another question, i dont have birth certificate and many dont have i guess. Is it required?. For this TPS EAD , i think we need to send old opt card, all i20s, passport copies etc?Just need confirmation. Once again thanks for your help.

@ saptarangi,
Passport should be enough in our case. You are right about the necessary documents though still not sure about old i20s.

@all
I had OPT EAD in my earlier degree so not sure which one should I pick for TPS EAD.

Form i765, I am applying for:
- Permission to accept employment
- Replacement ...
- Renewal ...

Sathiharu ho maile TPS file gareko 2 weeks bhaisakyo still not heard anything from them. Delivered bhancha but they haven't received receipt number yet. I sent money order instead of personal check. If I would have sent personal check, I would at least know they cashed my check and received documents. Anybody on the same boat?

I consulted an attorney. As per his explanation, TPS is a benefit and therefore it does not take away/ terminate your existing status or EAD you already have. You will have a choice to use one whichever benefits the most.

Currently I am on H1. I have applied TPS including EAD and planning to visit home in Advance Parole so that I don't have to go to US embassy for visa stamping.

@resham32

Will you still have your H-1 B status maintained? Every one says that it will remove your status?

Can you travel without AP document, if you have a visa stamped on your passport?

I definitely will be working on H1B. I just applied it in case if I lose my H1 Status I will have TPS status handy with EAD. I am trying to stamp visa as well, but in case my visa gets rejected, I have AP to enter US.

Friends,

My mom is here on b-2 (visitor visa). thinking of applying for TPS.
Q1. What happens to her B-2 visa that is for 5 years?

Q2. TPS application requires that you prove continuous physical presence/continuous residence. what documents might be help prove that? I mean she is been living with me and hence no bank records, vehicle registration etc..etc.. that Form I-821 says could be used to prove such.

Thanks.

@ resham32
This is new. So, I can maintain my F1 - OPT status and get TPS and then travel in AP , come back work on same OPT -EAD and apply for TPS -EAD later.

There are many conflicting opinions. whom did you consult?

Did you apply for your AP document as well along with your TPS document?

Nothing will happen to her B2 VISA. After TPS expires,she can go back to B2.

What is the valid date on her I-94?

The only confusion here is that if I-94 date expires before TPS approved then what will happen to the states?

@info_khojeko

I consulted to a lawyer. You can only apply AP after you are granted TPS.

For the continues stay, you can ask any organization or your company to write a letter. You can also send pictures if you can proof the date and place on that picture. You can any thing that show the presence on US.

Like resham said, to apply for your AP (Advance Parole/Travel document), your TPS has to be approved first.

I have a Ms STEM degree and currently working in 17 month OPT extension. My OPT will expire in December. I am about to apply for TPS. Before I do, I have the following questions;
-If TPS application gets accepted and EAD is granted, will the start date start be when the current OPT EAD expire?
Thanks sajha mitras.