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 F-2 TPS Applicants Beware!
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Posted on 08-26-15 4:30 PM     Reply [Subscribe]
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Hi all... After getting suggestions from other Sajha users and watching interviews of several attorneys, I had decided to submit an application for TPS + EAD for my F-2 wife. But I wanted to make sure that she'd be back to her F-2 status when TPS expires. I consulted with my ISO advisor and the response I got was that working under TPS EAD violates the terms and will void the status, at least for F-2. Just a heads up for all F-2 status holders. Here's the actual response I got: After consulting with several attorneys and doing some extensive research, and I have an answer for you. Unfortunately, it also means what I initially thought was correct and it is not advisable for her to work with an EAD based on TPS while holding F-2 status. You and your wife can apply for TPS, if you would like, and the accompanying EAD, because holding TPS and F-1/F-2 status is fine. However, if your wife decides to work using the EAD, even if it’s for a small part time job or odd jobs here and there, we will need to be notified immediately to end her F-2 status, as working on the F-2 is prohibited and we don’t want to have her violate her F-2 status and jeopardize her immigration status or future immigration status. She could remain on TPS in the U.S. should she choose to do so. However, should the TPS end prior to you completing your program and she need to be re-instated as an F-2, she will need to travel outside the U.S., obtain the F-2 visa stamp, and re-enter the U.S. This may be difficult and you should both be prepared for that. My best advice would be to have her find a position that is willing to sponsor an H-1B for her and change her status so that she can work.

I've asked a few more questions to the advisor and will post the responses I'll get. If anyone has anything to contribute, please feel free.

 
Posted on 08-26-15 4:49 PM     [Snapshot: 18]     Reply [Subscribe]
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My first reaction to this (without doing much research): for me, it sounded like 'Bakwaas_kura' like your user name here (:)).  Talking about violation of status, F1 status also does NOT allow you to work off-campus, but all F1 TPS applicants are going to work anywhere using TPS EAD. SO, using authorized EAD, you can work anywhere, but maintain your other status ( which will help you future) (for F1, enrolling minimum hrs, maintaining good academic standing etc). For F2, it is always linked with F1. As long as your F1 is in status, your F2 is in status (and definitely you should be able to work with valid EAD)
Last edited: 26-Aug-15 04:59 PM

 
Posted on 08-26-15 5:08 PM     [Snapshot: 66]     Reply [Subscribe]
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I agree with Sp1 on this matter.
 
Posted on 08-26-15 5:50 PM     [Snapshot: 131]     Reply [Subscribe]
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Bakwas hawa kura
 
Posted on 08-26-15 6:02 PM     [Snapshot: 145]     Reply [Subscribe]
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f2 is very limited status for cooking and serving f1. I advised all f2 to apply for TPS EAD and stand on your own. If you can't get back to f2 that's even awesome. Things will work out for you.
 
Posted on 08-26-15 6:17 PM     [Snapshot: 162]     Reply [Subscribe]
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most ipo advisers don't know shytt.... they are some spanish/history etc major who happen to travel some countries in their student days and become advisors . so what your f2 ( fuck you too) visa goes out there are thousands ways to make PR and other visas to stay in the US. They scared me so much during my school days that even today i feel panic on doing anything. Who knows your wife will get an odd job or little here and there job? who knows maybe your wife can get a kickarse job that makes 2 times her salary, its possible if she goes to indian IT consultancy... they just renewed the Tps for Haiti yesterday, so it's already 5 + years.. are you planning on being a f1 for 5 more years, maybe 7 maybe 10 for Nepal too? why did you ask the IPO in the first place, they don't know shyt about TPS.. she probably asked avoo and websites on the web and got various conflicting answers...
 
Posted on 08-26-15 6:44 PM     [Snapshot: 203]     Reply [Subscribe]
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Well said, taxidriver
 
Posted on 08-26-15 7:38 PM     [Snapshot: 260]     Reply [Subscribe]
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Thanks for pitching in guys. And yes, I agree with what you guys are saying. I watched interviews of few attorneys posted on some threads here and that's basically what they said too. I'm just a little concerned because of what my ISO advisor is saying.

And taxidriver, that's exactly what our plan is - go through IT consultancy for the wife and hopefully adjust her status to H1B by the time TPS expires.
Is it possible to do that without a U.S. college degree? My wife came here recently after completing a 4-yr bachelors degree (BBA) back home. Any advice you might have?

Thanks!
 
Posted on 08-26-15 11:38 PM     [Snapshot: 378]     Reply [Subscribe]
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For filing H1B, it is not necessary to have a US degree. Many dhoti's come to US directly from India and I have seen some Nepalese bhalu bhute directly with TU degree in H1.
 
Posted on 08-27-15 8:32 AM     [Snapshot: 456]     Reply [Subscribe]
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The Adviser does not know what he is talking about. And tbh you don't need to tell your advisor that she applied for TPS. Regarding the status TPS it is not a status, at least technically. If you have a F1 then you still are a F1 regardless of weather you have a TPS or not.


 
Posted on 08-27-15 8:49 AM     [Snapshot: 475]     Reply [Subscribe]
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Bull ko Shyat

must be cheap college ko cheap advisor ko cheap advise.

 
Posted on 08-27-15 9:05 AM     [Snapshot: 487]     Reply [Subscribe]
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Thanks ProblemSolver! Do you (or anyone who's looking at this) know a good consultancy, preferably in Houston or other TX cities?

TPS is quite confusing so maybe (and hope that) the advisor and the attorneys she contacted are wrong.

SIS: No hatred/judging please
 
Posted on 08-27-15 9:32 AM     [Snapshot: 528]     Reply [Subscribe]
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Yes, I agree with you that TPS is very confusing. Some of the things are very simple, but we are making it confusing. Just don't listen to one person, rather get the information from everyone, read online, go to forum where people who already got TPS(from other countries), talk about TPS.
From my experience, college advisor/DSO/International office are the least knowledgeable on this matter. TBH they have no idea what they are talking about. Most of the ones my friends/Saja people talked with had no idea, but we can not judge all.
Best bet is to wait, know it in deep and apply. Even Nepali lawyers are not 100% confident about it.

Each case is different, so it needs to be treated differently.
Good Luck

 
Posted on 08-27-15 2:41 PM     [Snapshot: 640]     Reply [Subscribe]
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Agree with you MimroRaMero. After reading through some threads here, doing some research, consulting ISO advisor, I've decided to mail the application for my wife. I did get an update from my DSO though. Here are the questions I asked and her answers:

1. Based on my research, what I learned was that TPS with EAD allows anyone to work anywhere regardless of their visa status while maintaining their current status. For instance, a F-1 student who gets TPS with EAD isn't restricted to 20 hours/week on-campus job and can work anywhere, any number of hours as long as they continue to go to school and meet the credit hour requirements and this won't void their F-1 status. When TPS expires, the student will go back to being a regular F-1 student i.e. has to follow the 20 hr/week on-campus employment restriction. Doesn't the same apply to F-2 as well i.e. work anywhere, any number of hours you want with TPS EAD and when TPS expires, you'll go back to being a F-2 given that the F-1 student is still maintaining their status? Or am I wrong/misinformed about this? 
AnsThis is incorrect. You can apply for and obtain TPS and the accompanying EAD while maintaining your F-1/2 status. However, in order to work outside of what is permitted by your immigration status (for you and your wife- F-1 and F-2), you must show that you are incurring severe economic hardship and you should work with an immigration attorney on this matter and make sure not to violate the terms of your nonimmigrant status. If your wife chooses to work using the EAD card based on TPS, she will be in violation of her F-2 status, as F-2’s are not permitted to obtain employment and thus she would not be maintaining her status—which is why we would need to end her F-2 upon employment. If you (the F-1) were wanting to seek employment off-campus, you would need to work with an immigration attorney to show severe economic hardship as to why you would need to do so (however, with your graduate stipend, it’s almost certain that you will not qualify for severe economic hardship). The following information is from a USCIS FAQ notice (August 12, 2015) and may be helpful:
Can someone with a non-immigrant status (e.g. F-1, B-2, etc.) apply for TPS? If so, will having or using a TPS-related EAD affect his or her other status?
Yes, a person with F-1, B-2, or any other nonimmigrant status may apply for and receive TPS. The individual can continue to hold both statuses, as long as he or she remains eligible for both. For example, if an F-1 (student) applies for and obtains TPS, but he or she continues to abide by all of the F-1 eligibility requirements, he/she can continue to maintain F-1 status and simultaneously hold TPS. Any individual who applies for and is granted TPS must continue to comply with the separate eligibility requirements of all other statuses (e.g., F-1, H-1B) that he or she seeks to maintain.

It is up to the individual to know and understand the requirements of all statuses he/she holds or is seeking to obtain and/or maintain. Receiving TPS or a TPS-related EAD does not alter any rules limiting employment for certain nonimmigrants, such as F-1 students or B-2 visitors. Before someone holding both nonimmigrant status and TPS chooses to work using a TPS-related EAD, he or she should carefully consider whether that employment could violate the terms of the nonimmigrant status, potentially resulting in violation of the nonimmigrant status. F-1 students who are considering working on a TPS-related EAD may want to talk with their Designated School Official (DSO) and/or an immigration attorney to discuss how employment could affect their F-1 status. We note that students who are experiencing severe economic hardship as a result of unforeseen circumstances may follow the usual process to request off-campus employment authorization due to the hardship by filing an I-765, Application for Employment Authorization. Recognizing the effects of the earthquakes in Nepal, USCIS has announced that it will work to expedite the adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students from Nepal experiencing severe economic hardship.

2. I've read that a person can adjust their status while they are on TPS. Given that my wife gets TPS with EAD, starts training and working at an IT company, can her status be adjusted to H-1B (through employer) or F-1 (in case she doesn't find an employer willing to sponsor an H-1B and joins a masters program instead) without having to travel outside the U.S. before TPS expires? 
Ans: She should be able to change her status to H-1B from TPS as long as she is not out of status when she does so. I highly recommend consulting with an immigration attorney on this matter. Because TPS is such a tricky matter, I do recommend that you consult with an immigration attorney before making any decisions. If you need a list of attorneys (it’s not extensive, nor exclusive and you are more than welcome to find one on your own), please let me know and I will send you a list.

So there are risks and benefits...just have to be careful

 


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