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Hereiam
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 Let me Clear about TPS whatever i know !!
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Posted on 06-25-15 6:53 PM     Reply [Subscribe]
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There are lots of questions about the beneficiaries....I'm not a lawyer, just to my knowledge this is what i would like to put forward. PLEASE CORRECT ME IF I'M WRONG.
Every Nepali citizens living in USA since 24 June are eligible.

1)F-1: all F-1 can apply and work under TPS EAD. However, you cannot make adjustment of status to H-1, GC unless u maintain your F-1 status. So, it need to be carried together.
A2)ll F-2 and H-2: should be able to apply and can return back to their status after tps is over provided their spouse maintain their status.

3)H-1: All H-1 can apply tps too, but i don't see any EAD (from TSP) benefit for h-1 holder.

I'm still not clear about advance parole!
If a F-1 university student apply for tps and advance parole after that. He traveled back to Nepal with expired visa. When he come back to US with parole without visa stamping. Can he continue his studies in the same university? Does immigration officer inquire in port of entry and ask why didn't you apply for F-1 visa?




 
Posted on 06-25-15 7:11 PM     [Snapshot: 59]     Reply [Subscribe]
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So my question is: How can you work through TPS EAD and still maintain your F1 at the same time?
 
Posted on 06-25-15 7:35 PM     [Snapshot: 117]     Reply [Subscribe]
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I know lots of people does work in गास स्टेशन etc and still maintain F-1. Now they can work legally.
Going to your question, unfortunately, it's not easy. It's like in IT, getting CPT and working. unless USCIS reduce course load. I heard for some countries like Syria they have reduced course load similar to 3 credits to maintain status. Not sure about Nepal.

 
Posted on 06-25-15 7:55 PM     [Snapshot: 181]     Reply [Subscribe]
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Ok bro...heres my situation..hope you can advise something.i was working under FULL time CPT but I had to change it to part time but my status is still active as F1 status.my question is ,can I apply for Tps EAD and work full time and still take my classes as F1 staying in current status? Sorry..too many questions but its confusing
 
Posted on 06-25-15 8:27 PM     [Snapshot: 261]     Reply [Subscribe]
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Employment Authorization for Nepalese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the April 25, 2015 Earthquake in Nepal
 
Posted on 06-25-15 10:44 PM     [Snapshot: 451]     Reply [Subscribe]
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What about F2 ? will they be allowed to work with TPS and EAD?
 
Posted on 06-25-15 11:14 PM     [Snapshot: 497]     Reply [Subscribe]
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@Hereiam, Let me correct some of your understanding:

1)F-1: all F-1 can apply and work under TPS EAD. However, you cannot make adjustment of status to H-1, GC unless u maintain your F-1 status. So, it need to be carried together.
--> You can adjust your status to H1B through TPS if you have atleast Bachelor's degree. Also, if company is willing to start your GC process they can do it when you are in TPS

A2)ll F-2 and H-2: should be able to apply and can return back to their status after tps is over provided their spouse maintain their status.
--> Also they can work using TPS EAD
 
Posted on 06-26-15 2:11 AM     [Snapshot: 588]     Reply [Subscribe]
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This is what I know understood and what make sense. the confusion arises due to taking TPS as status as we have  known normally. TPS is not status it is a emergency grant of temporary protection you have no status just a protection you will not be deported in that period and permitted to earn while in protection. it is called status because of giving EAD issue and chance of filing other status issue while in TPS. now after you clear your mind about this, your status after TPS and day after TPS expire becomes very clear. 

people who are safe: 

F1 : once you applied TPS/EAD you are still in F1 if you continue to enrolled. if you take less or dropout it you will even have chance to reinstated if you chose so. If TPS expires and you didn't continue study you will have option to continue in F1 again (before TPS expiration you have to initiate this ) because most student gets D/S when F1 status expiring date mentioned in i20 or i94 (if other you are out of luck) and your study haven't been finished yet) . 

note: out of status F1 before TPS: you are kinda safe but you will need good lawyer paper maker to go back to F1 status to be reinstated if you want because you destroyed status before TPS was granted. if you have at least bachelor degree from here, better to find job and find way to get GC from work if that what you want. 

people who are in OK ok situation: 

H1- if you have h1 it doesn't make sense to apply TPS but since it has history of going long time, it's a good gamble and longer worry free benefit. Once TPS expires you may have 30/60 days to get h1 again but impossible to get when needed in that short time. h1 status always comes with expiration date hence + - benefit according to your needs. Other visas also have expiration date so your status is till when it expires. 

kam chalau  situation: 

no paper , mexico border status: it will be good till party is over meaning when TPS expires. work make money but If you cannot turn it to GC which will be hard unless you pursue  asylum, you will be in same old situation with one less ghata- they have all your new info. and also if you ever have deportation withhold order, forget about travelling to nepal you cannot come back due to that order. Tps is protection until you're here not there (yes even with advance parolee) 

bad no no situation: 

felony, criminal misdemeanor multiple ( warrant or warrant-less): if you apply they will arrest you and deport or jail time. and yes according to form, not even member of communist party knowingly haha 

the rest other dependent status is directly defined by their prospective immediate status -easy.


- make sense? again i'm not a lawyer so heck not taking responsibility hai :)
- i personally belief within 5 years most will get amnesty with time arrival limit.  even obama will do some kinda small relief when he leaves the office. clintion did it bush did it why not obama right? so play, gamble according to your needs and belief during this TPS weather.



Last edited: 26-Jun-15 03:11 AM

 
Posted on 06-26-15 10:05 PM     [Snapshot: 1107]     Reply [Subscribe]
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@ JaiPashupatinath,Absolutely u can use TPSEAD and work full time and take ur class as F-1 at the same time.

@damauli_guy: you are right in 2nd case.
About F-1: i don't want to say you are completely wrong. Yes u can work and company can file H-1 for you too. But I think there is no way for adjustment of status in TPS. So, in that case you have to go back to Nepal before your H-1 start and should return back with visa stamping. I'M SAYING ALL THIS FOR THOSE WHO DIDN'T MAINTAIN STATUS LIKE F-1 DROP OUT OF COLLEGE, ETC.
IF YOU MAINTAIN STATUS THEN IT WILL BE DIFFERENT STORY. NO NEED TO GO BACK FOR STAMPING.
THIS IS MY UNDERSTANDING IF I'M NOT WRONG.

 
Posted on 06-26-15 11:47 PM     [Snapshot: 1189]     Reply [Subscribe]
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https://www.youtube.com/watch?v=tjR7smVmfYw
 


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