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ktmboy85
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 TPS to change of status denied ..Need help

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TPS F1 visa H1B visa Green card
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Posted on 07-22-19 3:28 PM     Reply [Subscribe]
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I have filed the adjust of status through my employer based on EB3. Change of status was denied recently with the reason of not maintaining the non-immigration status (F1). I was in OPT when I was granted first TPS in 2015. I applied for the OPT extension and it was approved as well. After the completion of OPT (2017), I have been working under TPS and never admitted to school.
Recently my employer filed the I-485 and I attended the interview as well. After few months of interview, I received a denial for not lawfully maintaining F1 status. Have any one been in similar situation before? Have any one has approved i-485 from TPS? Is there any attorney that can help on this ?

 
Posted on 07-22-19 5:14 PM     [Snapshot: 182]     Reply [Subscribe]
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ho ra ? did you have gaps in employment ? or worked outside using social?

looks like exact case of mine EB2 had interview last week and granted gc.
what did you lawyer said
 
Posted on 07-22-19 5:34 PM     [Snapshot: 217]     Reply [Subscribe]
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Hi @ktmboy85 i am in same situation as yours.I left the F1 status once i had TPS approval.My interview is coming in next month.Now with u r situation explained , i am worried. Did you talk with your lawyer, what are the other options left. I follow the nepali lawyer post and they said we should be able to change the status. Can you please share your interview location.
 
Posted on 07-22-19 6:02 PM     [Snapshot: 275]     Reply [Subscribe]
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U might b able to go nepal and do counselor processing
 
Posted on 07-22-19 6:03 PM     [Snapshot: 272]     Reply [Subscribe]
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Hi @ Mr p I have also applied for change of status on March 2019 through California. Would you tell me how long it took for you to get your interview date.
 
Posted on 07-22-19 6:10 PM     [Snapshot: 292]     Reply [Subscribe]
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Almost similar case but no problem at all everything went just fine but I used an attorney F1-tps(self employment)-F2A ( greencard)
 
Posted on 07-22-19 6:28 PM     [Snapshot: 300]     Reply [Subscribe]
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@country_boy : There was no gap in employment. They denied with a reason that I didn't attend the class while I was in F1. I applied for one of the university for master after OPT ended and transfer the SEVIS. Later that university transfer my SEVIS back to prior university from where I graduated. They terminated SEVIS with not attending to class. Now, I485 is denied based on violation of non-immigrant status (F1).

@Mr p: My lawer said that I should file 601 but looks like is not possible in this case. I am still awatiing for other advice.
 
Posted on 07-22-19 8:04 PM     [Snapshot: 469]     Reply [Subscribe]
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When u transfer your SEVIS and stop attending r u in TPS status that time? In my case I notified them that I have TPS and EAD so I will not be attending the class. Now with your situation I am worried.
Any body who was in F1 and started working on TPS what process you did before leaving F1 . Any input will be helpful .
 
Posted on 07-22-19 8:31 PM     [Snapshot: 500]     Reply [Subscribe]
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Most of the students who decided to jump into TPS abandoning F1 status were either out of status or maintaining both status. For out of status folks who decided to do AOS were advised to re-enter US with TPS AP to avoid unlawful presence ( even thought it is not guaranteed) and many were able to adjust status according to the Nepali Lawyer Keshav Raj Sedhain. Talk to him but the taklu charge like $250 just for phone consultation,
 
Posted on 07-22-19 8:40 PM     [Snapshot: 523]     Reply [Subscribe]
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If you were out of status for less than 180 days, you should be fine. Consular Processing should be another option (make sure with AP)
 
Posted on 07-23-19 9:08 AM     [Snapshot: 829]     Reply [Subscribe]
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when was your fingerprint date?
and the interview date?
when did you get the notice about your greencard application? date?


 
Posted on 07-23-19 10:55 AM     [Snapshot: 951]     Reply [Subscribe]
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so the ppl who abandoned f1 status when they got TPS should go nepal and come back as a parole ? coz i know many ppl who abandoned f1 after they got tps and still got a GC via AOS without any problem. is Ktmboy85 just another rare case due to Uscis error?
 
Posted on 07-23-19 11:20 AM     [Snapshot: 991]     Reply [Subscribe]
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@ktmboy85...Sorry to hear that .... at the time of filing one should be in status ... it Should've been possible to file based on TPS only ... what was your class of admissibility in i485 form? Were you solely inTPS while filing i485 and done with OPT? Did this transfer thing happen before your i485 was filed? 


Last edited: 23-Jul-19 11:30 AM

 
Posted on 07-23-19 11:50 AM     [Snapshot: 1057]     Reply [Subscribe]
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I have seen people with tps, without travel, gc approved. Filed through employer.
 
Posted on 07-23-19 11:58 AM     [Snapshot: 1058]     Reply [Subscribe]
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My h1 was approved with change of status from tps this year. At the time of filing tps on 2015...i also had stem opt which ended on 2016 summer. Since then i have worked on tps only till h1 approval. We were actually told adjustment of status is allowed from tps but were not sure abt h1b change of status. Must be a uscis error.
 
Posted on 07-23-19 11:59 AM     [Snapshot: 1078]     Reply [Subscribe]
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I said the people who were out of status before TPS May need to re-enter with TPS AP in order to adjust status per some lawyer .
 
Posted on 07-23-19 12:22 PM     [Snapshot: 1074]     Reply [Subscribe]
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Ktmboy85- sorry to hear that.

Here is my case if it helps anyone:

Worked in OPT until August2015.
Started working in TPS- August 2015
April 2016- filed for reinstatement as I wanted to maintain my F1. Went to school and worked with TPS EAD.

2017- Went to Nepal and entered with AP. 2018-
Filed 485 with With TPS and F1 as current status.

In the interview I was asked how was I maintaining status since my visa was expired in 2014. I was able to show that I was both working and going to school after TPS. Gave them the recent i-20.

Case was approved same day.

 
Posted on 07-23-19 12:35 PM     [Snapshot: 1121]     Reply [Subscribe]
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 @Slazz11: class of admissibility in i485 form is DA. 
I was never been out of status before. I was granted TPS on 2015 and I was in OPT till 2017. Still not able to find out based on my F1 status why are they dening the AOS. On top of that my immigrantion lawyer, doesnot understand all these.

 
Posted on 07-23-19 1:23 PM     [Snapshot: 1214]     Reply [Subscribe]
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You said they terminated your SEVIS that means you were out of status briefly. But out of status period less than 180 days should no deny AOS.
 
Posted on 07-23-19 1:26 PM     [Snapshot: 1216]     Reply [Subscribe]
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if it can be any help
Never worked outside of campus or any other acitivities.

OPT extention till 2/02/2016
TPS applied about 09/2015
TPS approved around 2/20/2016 was out of work between these time due to expiration of EAD

since then working on TPS only had interview last week and granted gc on the spot no questions asked.
get a better lawyer

 



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