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 TPS questions by H1b holders

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TPS f1 ead earthquake nepal immigrant h4 visa dhs apply h1b green card uscis usa register
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Posted on 06-30-15 12:41 PM     Reply [Subscribe]
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1. What are the advantages and disadvantages of TPS for H1B status? How can I be benefited from TPS?

2. I have already started GC process (EB2) through my company. Will it be a problem in the future for my GC process if I apply for TPS?

3. Can I just register for TPS and not apply for EAD?

4. Does registering for TPS mean same as applying for TPS?

5. Does registering for TPS will terminate my H1B?

6. I am going to Nepal to get married in November and I already have h1b visa stamped. Would it be problem to bring my wife to the US if I apply TPS (not EAD) and maintain my H1B status?

7. Do I need to apply for advance parole if I travel to Nepal if I apply for TPS? If I decide not to apply for EAD and stay in my H1B status, do I still to apply for advance parole? Btw, I have visa and I can travel.

8. Can I go to Nepal in November, come back in December and apply for TPS? If I do that, my i94 will reflect my travel history. Would I be still eligible to apply for TPS?

9. How will TPS protect my H1b status?

 
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Posted on 06-30-15 12:58 PM     [Snapshot: 1]     Reply [Subscribe]
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I am trying to answer based on my understanding. This is my view, NOT necessarily what is correct.

1.The only benefit to H1B holder with applying TPS would be able to change employer and no requirement of H1B by new sponsor. The caution is you need to apply for new H1B at the end of TPS and will go through H1B lottery in that case.

2. No. You didn't mentioned which stage of EB2 you are though.

3. Yes. I don;t see much benefit though. If in case you lose your H1B by being laid off or leaving work. I suppose you want to have applied EAD day 1 such that you can look for potential employer.

4. You apply for TPS form i-821 .i.e. you provide an intent to apply for TPS. USCIS decides if you are eligible and approves and you are registered for TPS. http://www.uscis.gov/sites/default/files/files/form/i-821.pdf

5.No. But you need to satisfy your H1B requirements continuously to have H1B status once TPS ends.

6. No. Just remember your wife MUST apply as H4 or H1b dependent status at Kathmandu Embassy. Since TPS doesn't have any derivative. So in case you want to just have TPS status and drop H1B , your wife visa status should stand on its own.

7. You don;t need to apply for AP if you continue to maintain H1B status and following it's requirements. TPS would be just as a back up if in case something happens to your H1B. No. Just remember having VISA is not enough to enter USA. You can;t use your H1B visa to enter while you have a status of TPS.

8. TPS defines you need to have continuous present since June 24th . However, a short trip would be okey. So you should be OK for a short trip to Nepal.

9. TPS doesn;t protects your H1b status. They are separate thing. You can resort to TPS if you are laid off from current employer. But then if you don;t file H1b with your new employer you need to refile H1b at end of TPS and subject to H1b cap.



Last edited: 30-Jun-15 01:01 PM

 
Posted on 06-30-15 3:03 PM     [Snapshot: 127]     Reply [Subscribe]
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@ perrybhadra: it looks like you have some research on the TPS

If I ask the same question, just instead of H1-, lets say J1?

What would be your answers for J1 on the above question that 11 11 asked?
 
Posted on 06-30-15 3:47 PM     [Snapshot: 169]     Reply [Subscribe]
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I would say answers to every other non-immigrants status will equally apply.

If we need to fall back to any visa status , that we currently have, after end of TPS period we need to satisfy requirement for that particular visa category ,during TPS period , whether F1,F2,J1,B1,B2. If we violate terms for any visa category during that period we need to start from zero for any new visa category.

The thing is period of TPS can vary so it might be worthwhile hanging onto TPS category and enjoy benefits , if you have another path to PR/Citizenship. I am supposing here that you are pursuing after PR/Citizenship.

If we understand TPS(Temporary Protected Status) it will make much clear regarding what it is protecting against and term temporary. Temporary: It is temporary for the term defined. Protected: It is protecting us from not having to leave US ( so no deportation, even for someone out of status and who filed TPS) , and while not-leaving it is giving facility such that we can work and feed ourself. In addition, it is providing protection for entry to US through Advance Parole during the temporary period.

Our other responsibilities or facilities doesn't change.

I hope this helps.


 
Posted on 06-30-15 3:47 PM     [Snapshot: 169]     Reply [Subscribe]
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I would say answers to every other non-immigrants status will equally apply.

If we need to fall back to any visa status , that we currently have, after end of TPS period we need to satisfy requirement for that particular visa category ,during TPS period , whether F1,F2,J1,B1,B2. If we violate terms for any visa category during that period we need to start from zero for any new visa category.

The thing is period of TPS can vary so it might be worthwhile hanging onto TPS category and enjoy benefits , if you have another path to PR/Citizenship. I am supposing here that you are pursuing after PR/Citizenship.

If we understand TPS(Temporary Protected Status) it will make much clear regarding what it is protecting against and term temporary. Temporary: It is temporary for the term defined. Protected: It is protecting us from not having to leave US ( so no deportation, even for someone out of status and who filed TPS) , and while not-leaving it is giving facility such that we can work and feed ourself. In addition, it is providing protection for entry to US through Advance Parole during the temporary period.

Our other responsibilities or facilities doesn't change.

I hope this helps.


 
Posted on 06-30-15 4:04 PM     [Snapshot: 190]     Reply [Subscribe]
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@ perrybhadra : thanks for the answer. Actually, I am thinking to apply TPS EAD, but will not use it till I have some viable solution and will try to maintain J1, do you think it will be wise idea?

Someone earlier discussed that one should not go to H1b. One can directly file GC, as one has TPS EAD (authorization to work). Do you think it works on that way as J1 to GC by some sponsor works?
 
Posted on 06-30-15 4:20 PM     [Snapshot: 203]     Reply [Subscribe]
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Yes. That would be wise. You will be in J1 until you carry its responsibilities. Your TPS will be a backup plan.

Yes. That should work. If your employer sponsors, you are good. You need to take in mind that GC process is for future and that status is only when you have green card in hand or your i-485 is pending. The only catch is what if TPS status terminates when you have already started Green Card process whether at labor or I-140 stage, after applied I-485 should be ok. You need to go to status that let's you work i.e. H1B. Depending on when this happens you might be able to file with your current employer or new employer. Green Card process can take anywhere from 1/2 years to 3/5 years start to finish. If you have continued TPS stauts during that period you would be ok.

Tor those ( TPS holders) who have married U.S. Citizens, or have a citizen child over the age of 21, or those who have a job willing to sponsor them, you are eligible to apply for adjustment, at least without any problems such as false claims of citizenship, certain criminal convictions, or other grounds for inadmissibility or removal.
http://bgimmigration.com/2014/01/12/i-have-temporary-protected-status-tps-can-i-get-a-green-card/

 
Posted on 12-02-15 12:41 PM     [Snapshot: 1435]     Reply [Subscribe]
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@perrybhadra I had some queries regarding your answers above. Could you please help me resolve them:

7) "You can;t use your H1B visa to enter while you have a status of TPS". I have a H1B and have applied for TPS. I want to go to Nepal for stamping and will be entering US by using it. If I did not apply for advanced parole, does my TPS get void automatically when I leave US? Is AP only applicable for cases where the traveller does not have other methods of re-entry or is it required by all to protect their TPS during travel?

8) How long is the short trip? I am planning on going to Nepal for 1.5 month. Will that be considered a short trip?

@perrybhadra Thank you in advance :)
 
Posted on 12-02-15 3:16 PM     [Snapshot: 1520]     Reply [Subscribe]
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@iceonfire, Two cases:
1. Entering as H1B :
You will be in H1B and your TPS will continue at background until it expires.

2. Entering using AP:
If you entered using AP, you are a Parolee and you are no longer in H1B. BUT you can still continue working without EAD (just with your H1B paper)
The only way to get your H1B back is filing extension !!

Its confusing but I hope its clear now !!
 
Posted on 12-02-15 4:03 PM     [Snapshot: 1556]     Reply [Subscribe]
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@Damuli Guy: How did you come with this info.Did you consult with lawyer?
 
Posted on 12-02-15 4:05 PM     [Snapshot: 1558]     Reply [Subscribe]
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@Rajsekar, I read it here..
http://shusterman.com/h1blvisasmemoworkingadvanceparole.html
 
Posted on 12-02-15 4:11 PM     [Snapshot: 1565]     Reply [Subscribe]
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@damuli Guy: Oh OK Bro.

Thanks.

Raja
 
Posted on 12-04-15 9:50 AM     [Snapshot: 1775]     Reply [Subscribe]
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Folks,

I am about to file my I-140/I485 concurrently. Just wondering if I file TPS, will it have any conflict with my GC processing ?? Anyone ??
 
Posted on 12-08-15 1:07 PM     [Snapshot: 1949]     Reply [Subscribe]
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@Damuli Guy: Thank you very much for the answers. Could you please resolve my following two queries as well:

1) http://www.uscis.gov/humanitarian/temporary-protected-status#Eligibility Requirements mentions requirement of continuous physical presence except for brief visit and http://www.uscis.gov/humanitarian/temporary-protected-status#Travel states advanced parole is required to travel. Does that mean if I left US without taking travel document and entered with H1B, I will loose my TPS?

2) Advanced parole only applicable for cases where the traveller does not have other methods of re-entry or is it required by all to protect their TPS during travel?
 
Posted on 12-08-15 1:49 PM     [Snapshot: 1985]     Reply [Subscribe]
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@iceonfire,

1. You wont loose TPS even if you entered as H1B holder. In TPS approval it says "You MAY need AP to travel" . There is a word "MAY" there. If you have other way to enter US try that first otherwise use AP as a last resort.

2. Look #1
 
Posted on 12-08-15 2:23 PM     [Snapshot: 2002]     Reply [Subscribe]
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I am sorry if it is answered somewhere....is GC(EB2) filing process from sponsoring employer is different if somebody is in TPS? I am dying to get info if we compromise on willingness of employer to file GC if one is in TPS due to some extra legal procedures. Lets assume TPS is extended for another 5 years and my company is willing to file GC next year. I want to know this because somewhere it was vaguely mentioned that companies may not be willing to file for GC if one is under TPS. Thanks!
 
Posted on 12-08-15 3:37 PM     [Snapshot: 2042]     Reply [Subscribe]
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@Cicada, You can change immigration status during TPS. If company is willing to file GC during TPS, its not an issue.
 
Posted on 12-09-15 3:40 PM     [Snapshot: 2143]     Reply [Subscribe]
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@damauli_guy - Can you please kindly give insight on my question above ?
 
Posted on 12-09-15 3:49 PM     [Snapshot: 2151]     Reply [Subscribe]
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@Atiranjit, Green card can be filed from any status as long as company is willing to sponsor you. So i dont see any issues in your case too. I believe you are in H1. Maintain your H1B even though your TPS running at background and start your i140/i485. Good luck
 
Choila_sukutikoachar
Posted on 12-18-15 6:11 PM     [Snapshot: 2402]     Reply [Subscribe]
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Hello everyone, I think I am ready to do 1 day delivery for TPS filing tomorrow after being in a big delimma.

Situation: Currently in H1B, 4 yrs finished, a little less than 2 yrs left.

Plan: File for TPS. But, do not use EAD.
Planning to go to Nepal on Feb end.
Use my H1B to come back.
Do not apply for AP.

Forms filled: I-821 and I-765 (for TPS administration only)

Documents:
- Passport
- Learner's permit (as I can't drive :( )
- Nagarikta
- Lease paper
- Utility nill
- 2014 W2
- 2 photographs

Questions:
> Is there anything I am missing in my documents?
> I still have my H1B valid. Is there any issue in going to Nepal on Feb on H1B with pending TPS and no AP?

Thanks in advance.

 
Posted on 12-18-15 7:33 PM     [Snapshot: 2427]     Reply [Subscribe]
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@choila,
You can add your H1B copy and i94. No need to send photograph.
Yes, you can come back with your H1b, no need to file AP.
For TPS approval, its taking 4-6 months. So be ready to travel when your TPS is pending.
 



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