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Sajha keto
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 H1->TPS->Travel Nepal->Getting Married->Bring Wife

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Posted on 09-13-15 4:17 PM     Reply [Subscribe]
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I have been following TPS threads since long but I am not getting the answer of my situation. In fact, this is the situation of 3 of my friends too who also tried to get the answer but not concrete answer yet.
I even tried to get info from Khagendra GC's law form, Adhikar NY, Rijal law firm but non of them have concrete answers. It may be becoz I always get in touch with people who works there not the attorney though I tried to speak to Attorney.
Situation is as below:
H1 starts in October (Now in OPT). Planning to go to Nepal in November-December, get married and come back with wife. I know if I dont want to bring wife, even if I apply TPS, I am good using Advance parole .
1) But, If I apply for TPS (Its already september, not sure I can get approval by the end of November), maintains H1B and go to Nepal in November-December, Do I need to appear for Visa interview along with wife?
2) If I dont need to appear, Can she appear for H4 as my H1 will be active though I will have tps too?
3) What would be the best solution in this scenario?
4) Is someone in same boat? (I know I have other 3 friends in same) and already applied for tps?
Really appreciate for your genuine answers.
 
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Posted on 09-13-15 4:54 PM     [Snapshot: 67]     Reply [Subscribe]
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I have green card, should I apply for TPS?
 
Posted on 09-13-15 4:55 PM     [Snapshot: 70]     Reply [Subscribe]
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kunthaun bro,
k joke gareko yaar. Why would you need TPS?
I am seriously looking for genuine suggestions k
 
Posted on 09-13-15 5:14 PM     [Snapshot: 96]     Reply [Subscribe]
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If you are really looking for a genuine suggestion then here it is.

1. It is a fool act to apply TPS when you have H1.

2. As per your situation, it will be absolutely foolish act to apply TPS when you already have H1 in the context that you are going to Nepal and planning to bring your wife.

3. Your life will be really complicated with TPS when you already have H1 and you are planning to bring your wife.

4. You can always apply for H 4 for your wife and bring her to the USA. Chances of getting H4 is literally high since it is a dependent visa.

5. Lastly, think about Green card now instead of TPS or any such temporary relief.




 
Posted on 09-13-15 6:06 PM     [Snapshot: 153]     Reply [Subscribe]
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Ho ra RadheShyam?
GC ta chhadaichha ni. H1 mai kei parihalyo vane ali TPS le jogauchha ni haina ra?
Couple of my frenz who are in H1 already filed and one of them already got approved too.
Ma chai in dilemma as I am travelling to Nepal to get married.
Lets see what other folks have to say on this topic....
 
Nepalimannaparaunemanche
Posted on 09-13-15 6:50 PM     [Snapshot: 189]     Reply [Subscribe]
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kya easily van do raicha October ma janchu re bihe garchu re ani wife lai lauchu re, it takes at least 2 years to bring her down here if u have a green card.
Last edited: 13-Sep-15 11:47 PM

 
Posted on 09-13-15 7:29 PM     [Snapshot: 222]     Reply [Subscribe]
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Ye mula divorce pakhe Sajha keto le H4 ma laune kura gari racha!!!!
Padne gar ramrari!!!
 
Posted on 09-13-15 8:26 PM     [Snapshot: 255]     Reply [Subscribe]
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@sajha keto
1) But, If I apply for TPS (Its already september, not sure I can get approval by the end of November), maintains H1B and go to Nepal in November-December, Do I need to appear for Visa interview along with wife?
If you want to come back on H1 status, you have to appear for interview and get h1 visa. If you don't appear for interview to get H1 Visa and rather come back on TPS AP, your h1 status becomes invalid. I am basing this on the fact that if you apply for TPS EAD while you are on H1 and start using EAD for your employment, your existing h1 will be invalid from that point. Another fact to support this is, If you are on H1 and have AP/EAD with pending employment based i485 and you travel and enter US on AP (not on H1), your H1 will be invalid from that point and you have to start working on EAD. 

2) If I dont need to appear, Can she appear for H4 as my H1 will be active though I will have tps too?
She can definitely appear for h4 but as i said, if you don't appear for interview, your return on TPS AP will nullify your h1 status. 

3) What would be the best solution in this scenario?
Apply for TPS and just keep it as back up. After getting married you both show up for interview, get h1 for you, h4 for your wife and travel on H visas and do not use TPS AP for travel.

4) Is someone in same boat? (I know I have other 3 friends in same) and already applied for tps?
I am definitely not in the same boat. Just some suggestions.
Last edited: 13-Sep-15 08:28 PM

 
Posted on 09-13-15 9:07 PM     [Snapshot: 293]     Reply [Subscribe]
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ny2, Thanks for sharing it. 1. "Apply for TPS and just keep it as back up. After getting married you both show up for interview, get h1 for you, h4 for your wife and travel on H visas and do not use TPS AP for travel."
Does that mean I should not apply for AP or apply for AP and take it with me as back up so that if H1 stamping is rejected, use AP to come back?

2. Would there be any issues in H1 stamping as they should be aware of my TPS? I mean does TPS affects stamping on certain visa type (H1 in my case and H4 in her case)?

3. My H1 starts in October and I am in OPT now. Which one of the following would be better in your view?
a. Applying TPS after H1 starts
b. Apply now in OPT and starting october, H1 will automatically be started

 
Posted on 09-13-15 9:07 PM     [Snapshot: 291]     Reply [Subscribe]
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@sajha keto, sad to say but in my opinion what u r trying to do is not possible. If u apply tps now, then your primary status will be tps (not the other way around) and you need AP to go to Nepal and you can't sponsor your wife. If you go to Nepal now, get married, sponsor your wife and come back, then you won't be able to apply for tps since you violated " continuous physical presence since June 24 2015". So think about it seriously and make a pick, what is more important to you. Marriage or security of tps. Don't be too greedy.
 
Posted on 09-13-15 11:16 PM     [Snapshot: 351]     Reply [Subscribe]
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@bairaghi you are either deluded or are greedy calling other greedy. 'If u apply tps now, then your primary status will be tps' - Where did you get, H1b-status applying TPS will have primary status as TPS? Where these Primary and Secondary status came from? I have been through many Q&A's blogs with attorneys as well as reached in law firms. I never have came across on such secondary and primary terms. TPS is protection that protects the status not VOID's the status.
If you don't have any clarity then please I beg you not to misguide anyone!

 
Posted on 09-13-15 11:31 PM     [Snapshot: 361]     Reply [Subscribe]
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@stateofnepal
Ok smartboy. so what is your suggestion for sajha keto ? hami pani hajur ko smartness ko darshan pau na.
 
Posted on 09-13-15 11:39 PM     [Snapshot: 359]     Reply [Subscribe]
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One of my brother also asked me whether H1 people can get benefit from TPS or not. At first, I told him it's good but after talking to lawyer he came up with some fascinating and alerting news. It's better for H1 to stick with H1 and apply for GC. If H1 gets TPS then it will raise a question when you apply for GC - Why you are not confident on H1 to process for GC which makes you to apply for TPS. Yes, TPS does not voids any non immigrant benefits AOS -GC if you are on active and valid status. But this is what my brother told me. Stick with current H1 and try to make a way to file for GC even though you have to work on less pay cheque comparison to current market pay.
 
Posted on 09-13-15 11:55 PM     [Snapshot: 381]     Reply [Subscribe]
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My suggestion here ..
1. Apply TPS and AP
2. Go to Nepal, get married
3. Send your wife for H4 stamping
4. Once she gets it, you can go for H1B stamping //This is optional
5. Try to enter US again as H1B holder (otherwise you have AP as backup)

 
Posted on 09-14-15 12:02 AM     [Snapshot: 397]     Reply [Subscribe]
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^ sounds like a good idea
 
Posted on 09-14-15 8:02 AM     [Snapshot: 487]     Reply [Subscribe]
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@sajha keto
1. "Apply for TPS and just keep it as back up. After getting married you both show up for interview, get h1 for you, h4 for your wife and travel on H visas and do not use TPS AP for travel." Does that mean I should not apply for AP or apply for AP and take it with me as back up so that if H1 stamping is rejected, use AP to come back?
You can apply for AP if you want to keep as a back up, but priority should be coming back on H1 visa, not AP.

2. Would there be any issues in H1 stamping as they should be aware of my TPS? I mean does TPS affects stamping on certain visa type (H1 in my case and H4 in her case)?
As long as you are maintaining the requirement of H1 even after TPS approval, TPS will not affect your other processing. H1 and/or H4 approval will be solely based on your job and your qualification as usual.
3. My H1 starts in October and I am in OPT now. Which one of the following would be better in your view?
a. Applying TPS after H1 starts
b. Apply now in OPT and starting october, H1 will automatically be started

It does not matter. But since Oct is just weeks away, apply in Oct first week since H1 gets started from Oct 1 if you have any doubts.
 
Posted on 09-14-15 8:37 AM     [Snapshot: 526]     Reply [Subscribe]
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@Sajha keto

I am in H1-B and applied for TPS and got it approved. In the mean time after applying for TPS I changed my employer through H1 transfer too.
These are two separate route and I believe that it should not affect each other. The bottom line is maintain your H1b despite having TPS and you should be good.
 
Posted on 09-14-15 8:41 AM     [Snapshot: 532]     Reply [Subscribe]
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With H1b, when you travel, wil you use your nepali passport or the travel document? With tps, it says to travel you have to apply for travel document.
 
Posted on 09-14-15 2:17 PM     [Snapshot: 671]     Reply [Subscribe]
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I think We use passport. but if stamping is rejected, We can use travel document thats why we take it as backup.
 
Posted on 09-14-15 3:14 PM     [Snapshot: 721]     Reply [Subscribe]
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An individual granted TPS must remain continuously physically present in the United States. The grant of TPS status does not mean that you have permission to travel abroad, though permission to travel may be granted by the district director in accordance with the advance parole regulations. There is no appeal to a denial of advance parole. Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS and/or the institution or re-calendaring of removal proceedings. For more information, please see How Do I Get a Travel Document?
 
Posted on 09-14-15 3:16 PM     [Snapshot: 722]     Reply [Subscribe]
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So, if we travel on passport, tps is cancelled automatically??
 



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