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 TPS need urgent reply
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Posted on 07-02-15 7:10 AM     Reply [Subscribe]
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Hoina yo tps tps bhan6n yo tps chai student F1 le matrai apply garna paune ho ki F2 dependent le ni apply garna paune ho. mero stautus change hudai6 F2 TO F1 .so can i apply tps while my change of status in process?? suggestions please
Posted on 07-02-15 7:27 AM     [Snapshot: 22]     Reply [Subscribe]
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Hi Bisaka,

Any status(F1,F2, H1, H4, J1) who are Nepalese Citizen and has resided on or before June 24th can apply for TPS. Even if you are in the mid of change of status you could apply it. What I would recommend to you is maintain the current status that you have and apply for TPS with EAD. At the end of TPS if you have maintained your current status, you will be back to the same status. TPS is an added benefit- it does not harm your current status, instead it protects you if anything goes wrong in your status during the TPS period.

USCIS quoted lines-
"Thus, the grant of TPS does not automatically result in an individual relinquishing any other immigration status. However, the grant of TPS may not mean that a person's inadmissibility or deportability are waived or nullfied."
Posted on 07-02-15 7:36 AM     [Snapshot: 50]     Reply [Subscribe]
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So what if f1 approved during that period? What is maintaining status?would you plz elaborate this? I mean does one need to maintain f1 status or F2 status after getting approved For TPS? Since, f2 are not allowed to work and f1 can not work more than 20hrs in a week.
Posted on 07-02-15 8:26 AM     [Snapshot: 116]     Reply [Subscribe]
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It depends what your needs are. If you need TPS , if you think F2 status not taking you anywhere then go ahead apply TPS. If you want to study keep maintaining F1 status. If you want work permit while on F1 apply TPS n EAD and at the same time keep going to school maintains F1. Simple as that.
Posted on 07-02-15 9:05 AM     [Snapshot: 120]     Reply [Subscribe]
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TPS and current status (F1, F2, H1, H4 and others) has no relation. TPS is just a temporary protection for Nepali who need to leave this country due to expiry of their legal current stay providing them opportunity to work during their stay for 18 months unless USCIS extends it in future.

Lets talk about F1 and TPS
Having TPS does not guarantee that it saves your F1 or F2 status, students need to comply all requirements to maintain their student status if they wish to remain F1 after TPS period expires. If you fail to maintain your F1/F2 you will loose your status but having TPS let you stay here until TPS status expires.
Then how it is beneficial for F1 to have TPS?
Being F1 sucks when it comes to find job, most of the time for internship or out of college jobs. TPS provide opportunity to have EAD that let you work any where any time without letting them know you are F1. Trust me it helps if you want to make some $$ during summer or winter or even from weekends jobs. Having tps does not mean you do not have to go to school to keep your status. Consulting DSO would be wise if we will fail to fulfill minimum requirements to keep our F1 status.

What would I do If I were a F1?
My concern would be finish my school first no matter of what. Since TPS provides me EAD I would have it and save it in case I find a job during summer or evening jobs at same time would go to school as if TPS is not in picture.
Having EAD does not mean we have to work. Could use it any time before it expires.
Again, TPS is added benefit for Nepali who already are here. Benefit form TPS would be a lot or nothing at all depending on individual status, interest and motive
Note: it is not legal advice


Posted on 07-02-15 9:26 AM     [Snapshot: 203]     Reply [Subscribe]
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Posted on 07-02-15 9:47 AM     [Snapshot: 237]     Reply [Subscribe]
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@ longhorn

If you work outside of college using TPS EAD, then isn't that the violation of F1 status? So you won't be able to come back to F1 after TPS ends, right?

Same applies to F2 and H4b. If you use TPS Ead to work, then you are violating and thus not maintaining your status. So you won't be able to come back to your F2 or H4b status, right?

Please correct me if I got it wrong.
Posted on 07-02-15 9:53 AM     [Snapshot: 253]     Reply [Subscribe]
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If you work outside of college without the DHS authorization then that's violation but if you work with the authorization I don't think that's violating F1 status. Also why you want to come back to F2 status? F2 status won't take you anywhere. That's stuck up status. You want to get out of it.
Posted on 07-02-15 10:11 AM     [Snapshot: 278]     Reply [Subscribe]
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I agree with Long_horn. Let me give you an example. H4 Visa are not allowed to work but recently USCIS is giving H4-EAD to the people who meets USCIS criteria if I-140 has been approved. Now, would you say why are you working on H4 for those with EAD? Same applies to TPS once you are granted EAD you can use that. It won't violate your status. You will be in H4 status even if you use EAD if the primary applicant (H1B) is maintaining his/ her status which means following all H1B regulations even if he/she has applied for TPS. Same scenario apply for F1 too.
Posted on 07-02-15 10:59 AM     [Snapshot: 328]     Reply [Subscribe]
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Yes, I agree with mangale. F1 can work with the DHS authorization and that is what it is mention in F1 social security card also. You can take an example of economic hardship work permit. F1 can work more than 40 hours by applying economic hardship. If working more than 20 hours violates F1 status then work permit from economic hardship should also violates F1 status but intact that's not the case. I am not a lawyer here but just reading several post and TPS info from USCIS I got an idea that TPS and your immigration status is two complete different path. You can enjoy both F1 and TPS benefits if you are able to maintain F1 status.

Maintaining F1 :-
Taking full credit hours (12 credit hours for undergraduate) and 9 (credit hours for master)
Working 40 hours with TPS EAD (As this is a EAD that is DHS authorization). Consult your DSO before working on EAD.
Applying H1B from F1


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