[Show all top banners]

ktmboy85
Replies to this thread:

More by ktmboy85
What people are reading
Subscribers
:: Subscribe
Back to: Immigration Refresh page to view new replies
 TPS to change of status denied ..Need help

[Please view other pages to see the rest of the postings. Total posts: 39]
PAGE: <<  1 2  
Keywords associated with this thread

TPS F1 visa H1B visa Green card
[VIEWED 6204 TIMES]
SAVE! for ease of future access.
The postings in this thread span 2 pages, go to PAGE 1.

This page is only showing last 20 replies
Posted on 07-22-19 3:28 PM     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

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 ?

 
The postings in this thread span 2 pages, go to PAGE 1.

This page is only showing last 20 replies
Posted on 07-23-19 1:26 PM     [Snapshot: 1216]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

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

 
Posted on 07-23-19 1:27 PM     [Snapshot: 1218]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

Did you notified ur DSO that time you will be maintaining only TPS.I notified and send them my tps approval and ead copies but after that they did not reply.
Can you share where was your interview location.
Last edited: 23-Jul-19 01:28 PM

 
Posted on 07-23-19 1:31 PM     [Snapshot: 1200]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

@ktmboy85 it might be due to uscis error...try lawyers from murthy.com .... heard they are really good...
 
Posted on 07-24-19 5:15 PM     [Snapshot: 1541]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

@ktmboy85...one question tho...In the interview did the IO mention any of these things or ask you to prove how you maintained lawful immigration status ? What questions did he ask in the interview? 
Last edited: 24-Jul-19 05:27 PM

 
Posted on 07-25-19 9:09 AM     [Snapshot: 1770]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

@Slazz11 On my i485 class of admissibility is F1 as in the i94 .I never traveled back since my last entry in US and after TPS granted. should it be a problem for AOS since i am no longer in f1 status and only on TPS.
Is there anybody in same situation who was in F1 and never traveled after TPS got AOS done please advice.
 
Posted on 07-25-19 10:10 AM     [Snapshot: 1802]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

@Mr P Even i am on the exact same situation ... Left F1 two months after filing AOS as OPT ended and currently in TPS EAD .... recently done with interview waiting for results.....will let you know if any updates on my case
Last edited: 25-Jul-19 10:10 AM

 
Posted on 07-25-19 10:37 AM     [Snapshot: 1863]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

@Slazz11 Thanks for reply. When was your interview completed and which location. Bit worried about interview and this process . Its confusing and even lawyer does not have clear answer.
 
Posted on 07-25-19 11:09 AM     [Snapshot: 1883]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

Hey All,

Same boat here as well . F1 - TPS - AOS processing , and interview ko lagi kurdai ho .Haven't heard any such cases like ktmboy85's ... but it is worrying . I did travel out of country using combo card and says "DA" under class of admission after I returned which is normal - but middle ko time ma F1 maintain nagareko still remains while on TPS after OPT expired for me also. It shouldnt really matter and lot of people I know have got their GCs.

If anyone else got their cases approved/denied due to same reason recently , please update us here - thanks in advance. Cases usually do vary per individual , but never know what could go wrong .

~ Best Wishes .. Jay Nepal ~
Last edited: 25-Jul-19 11:09 AM

 
Posted on 07-25-19 11:12 AM     [Snapshot: 1888]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

@Mr P my interview was in Mt laurel Nj 5 weeks ago.....Now due to retrogression might be some more delay....As far as i know if you are in status the moment you file AOS you should be good .... Hoping for the best...and best of luck for your upcoming interview
 
Posted on 07-25-19 12:21 PM     [Snapshot: 1964]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

I know someone who was working in OPT then continued working with TPS. Did not maintain F1 and never left the country, he was not asked anything about f1 during his interview. His case was approved.

I maintained both f1 and tps. Went to Nepal and came back with AP. During the AOS interview I was asked about my status. I told them my f1 visa had expired but I have been maintaining my f1 status, case was approved.
 
Posted on 07-25-19 1:04 PM     [Snapshot: 1989]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

I'm assuming your lawyer might have applied for change of status from f1 to gc or can you confirm that it's from tps to gc? Did you provide all the documentation of tps/ead letters?
 
Posted on 07-25-19 7:38 PM     [Snapshot: 2144]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

Normally this things can be explained in interview. Were you or your lawyer not asked about this during the whole interview process? Hire a really expert external lawyer, expensive but worth it as it seems like you were never out of status but just need to properly explained the case with evidences. Have seen in other forums that the expert lawyers overturning the much complicated cases into success. Research for immigration expert lawyer who have experiences with such or similar cases.
 
Posted on 07-28-19 11:46 AM     [Snapshot: 2557]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

My two cents:

There must have been some confusion on the part of the officer. Some things are weird here.

1. NBC does all the processing for the interview. Before the interview was mandatory, it was NBC which approved the case. So if NBC had found you ineligible for change of status, I wonder why would they send the case for interview rather than directly rejecting it or asking for more evidence on your status. The interview officer must have missed something.

2. Have you checked your I-485 form and the supporting documents that was sent? Usually, a cover letter is also attached (which lists all the documents submitted/ your current status and all). It is always good idea to best put everything in the easiest way possible for the officer to see.

It would be best to bog the details down with your attorney, check all the documents submitted. I was on F1 until may but filed i-485 on Feburary and left F1. My wife is in TPS and when the attorney wrote the cover letter, they explained every detail on how we have maintained lawful status from first entry until I-485 is filed. We had discussed with three different attorneys and everyone agreed that being in TPS is sufficient for AOS.

Good luck! I am pretty sure you will pass this hurdle. Just check every documents sent by your attorney and if needed hire another attorney to go through appeals and all.


 
Posted on 08-03-19 6:03 PM     [Snapshot: 2964]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

sabailai namaskar. I have some questions:
1. H1B or GC approved huna hami F1 status mai hunuparne ho ki only TPS is enough?
2. mero F1 visa february 2020 ma expire hudai xa. so H1 file garna ko lagi maile F1 visa status renew garnuparla ta Nepal gaera, even if i keep going to school maintaining the status with the expired visa?
3. ani arko kura. TPS ma huda just to maintain status, hamile english class ma enroll huna kattiko suggest garnu hunxa? ki ramro college mai januparne ho for advance degree like Master?
Dhanyabad tapai haru ko answers ra time ko lagi.
 
Posted on 08-03-19 6:34 PM     [Snapshot: 2999]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

@ nash gurung u have to to a degree equivalent or one level up than what is in ur i 20 going school for english will not help. for example if u have bachelers gota go masters
 
Posted on 08-09-19 9:59 PM     [Snapshot: 3513]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

Applied for motion to re-open. Hope everything will work this time.
 
Posted on 08-10-19 11:02 AM     [Snapshot: 3628]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

@ktmboy...All the best sathi...Hope everything will be good this time...Please keep us posted
 
Posted on 09-05-19 11:33 AM     [Snapshot: 4310]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

Hello,

Please share any recent interview experiences for folks who are currently on TPS and similar status ? How was the interview , what questions , or any similar issues ?

thanks in advance ! Jay Nepal !


 
Posted on 09-05-19 3:21 PM     [Snapshot: 4507]     Reply [Subscribe]
Login in to Rate this Post:     1       ?         Liked by
 

There is no bar in adjusting status from TPS to GC, if you have maintained your status prior to receipt of TPS status.

Also, read the memorandum issued by USCIS.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2019/Matter_of_H-G-G-_Adopted_Decision_2019-01_AAO_July_31_2019.pdf

In addition to showing that he or she has been admitted or paroled into the United States, an applicant who seeks to adjust
status as an employment-based immigrant under section 203(b) of the Act, 8 U.S.C. § 1153(b), also must establish that he
or she is “in a lawful nonimmigrant status.” Section 245(c)(7) of the Act, 8 U.S.C. § 1255(c)(7). Likewise, to change
nonimmigrant status while in the United States, an alien must demonstrate that he or she is “continuing to maintain” lawful
nonimmigrant status. Section 248(a) of the Act, 8 U.S.C. § 1258(a). For example, if an F-1 nonimmigrant student was
granted TPS while still in her duration of stay in F-1 status, and her duration of stay subsequently expired, the student
would not be disqualified for adjustment or change of status because of the expired F-1 status due to the protection provided
by section 244(f)(4) of the Act.
 
Posted on 09-05-19 3:55 PM     [Snapshot: 4559]     Reply [Subscribe]
Login in to Rate this Post:     0       ?        
 

sir ma aile f1 ma xu ani tps approval wait gardaixu. ani mero f1 visa february 2020 ma expire hudaixa. so maile TPS aile yo month ma approve hune ho vane F1 xodida hunxa before february 2020, considering i will be applying for employment based GC in near future if TPS doesnt get expired next year? dhanyabad.
 



PAGE: <<  1 2  
Please Log in! to be able to reply! If you don't have a login, please register here.

YOU CAN ALSO



IN ORDER TO POST!




Within last 30 days
Recommended Popular Threads Controvertial Threads
TRUMP 2016!!! Here is why?
TPS FEDERAL NOTICE
Returning to Nepal
लिङ्ग को आकर कत्रो?
वा अमेरिका !! थू अमेरिका !! दलदल अमेरिका
coding at age of 45
How to get benefits for parents after Greencard
TPS to AOS
Check out HOW TO : workout Videos
F-UCK YOU
भिनाजुको स्वेटर
Travelling via Europe
लक्ष्मण गाम्नागे- Best
Nepali chef in London shoots for the stars
Why most of the items purchased in Amazon are not authentic?
need room in Richmond VA
Chiya pasal / cafe
TPS officially extended till Jan 4, 2021
सुभकामनाको लागि धन्यवाद
Funny jokes
TRUMP 2016!!! Here is why?
NOTE: The opinions here represent the opinions of the individual posters, and not of Sajha.com. It is not possible for sajha.com to monitor all the postings, since sajha.com merely seeks to provide a cyber location for discussing ideas and concerns related to Nepal and the Nepalis. Please send an email to admin@sajha.com using a valid email address if you want any posting to be considered for deletion. Your request will be handled on a one to one basis. Sajha.com is a service please don't abuse it. - Thanks.

Sajha.com Privacy Policy

Like us in Facebook!

↑ Back to Top
free counters