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suman_1234
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Posted on 10-20-15 9:05
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I am currently in OPT and I have EAD under my opt which is going to expire on june 2016. Can I apply only for TPS status (excluding EAD) at the moment (before December,2015) and apply for EAD under TPS after December (around may)? Since I have an EAD under OPT at the moment... Please let me know your suggestions. Kind Regards, Suman
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maxpayne
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Posted on 10-21-15 8:03
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why dont you just apply for both now and then use the tps wad when your current one expires?
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harayoharayo
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Posted on 10-21-15 10:27
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Maxpayne we cant have 2 EAD at a time. I have a similar situation . What i have known till now is we can apply ead later on if our tps is approved. Please anyone correct me if i am wrong
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samrock
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Posted on 10-21-15 12:43
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harayoharayo, that is what my understanding is. apply for TPS without EAD now but apply later for TPS ead, i have heard using or applying for TPS ead will void opt EAD.
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ShankarHuShankar
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Posted on 10-21-15 2:16
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Who says one can't have two EAD? As you all know that there are two different alien number one for opt EAD and another for tps EAD. I am going to graduate in spring 2016.
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suman_1234
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Posted on 10-21-15 7:28
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guys thanks for response. But still the confusion remains... If I apply for TPS status at the moment, will my F1 status still remains? What I assume is, one cannot have 2 status at one time. So, if I change my status from F1 to TPS, how can my EAD under F1 will be valid? Any suggestions...
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samrock
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Posted on 10-21-15 8:14
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if you apply for TPS while you are maintaining OPT which is F1 your original status is F1 and ur TPS is only temporary status. you can have 2 status. UR f1 is ur primary status. I am not too quite sure if you are allowed to have 2 EAD's but if you use TPS ead then your OPT ead is going to be voided and u gotta go back to college to maintain F1 coz u are out of OPT.
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purbeli77
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Posted on 10-22-15 11:09
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For EAD you can do the following - 1. Apply EAD (I-765) when you send your TPS application. Per USCIS requirement, you need to do both of the forms I-821 (TPS) and I-765. In order to not to request EAD, Check 2.b (no, I am not currently requesting EAD) on I-821 . You can do I-765 once your current EAD expires. 2. Apply for EAD. Check 2.a to do this on I-821. Also check renewal of permission to accept employment. In any case,the new EAD will be an extension of the old one and will substitute the former. It will also bear the same Alien number. best
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samrock
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Posted on 10-22-15 2:15
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so purbeli77, is it possible to maintain both OPT Ead and TPs EAd but not use TPS EAd and maintain F1 without needing to go back to school.
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purbeli77
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Posted on 10-22-15 7:50
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Please bear in mind that your TPS will not protect or help to maintain your F1 status. That means, even your TPS is approved, it is better for you to keep maintaining your F1 status (going to school with specified credit hours). If you fall out of status and want to go back to school later, you'll have to request for F1 reinstatement which would be a lengthy process. Again here, TPS might help you to reinstate F1 but this may have adverse effect in your future career, say for H1B. If I understand correctly about using EAD - it doesn't matter what you use. Once you apply and get the it, everything will be in their record. I mean whether you use it or not, they will have the record that you applied for TPS. If you are a performing well and seek to get H1B, I would advice you not to apply for TPS. baki tapaiko bichar.
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