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 TPS to change of status denied ..Need help

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Posted on 07-22-19 3:28 PM     Reply [Subscribe]
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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 ?

 
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Posted on 07-23-19 12:22 PM     [Snapshot: 1074]     Reply [Subscribe]
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Ktmboy85- sorry to hear that.

Here is my case if it helps anyone:

Worked in OPT until August2015.
Started working in TPS- August 2015
April 2016- filed for reinstatement as I wanted to maintain my F1. Went to school and worked with TPS EAD.

2017- Went to Nepal and entered with AP. 2018-
Filed 485 with With TPS and F1 as current status.

In the interview I was asked how was I maintaining status since my visa was expired in 2014. I was able to show that I was both working and going to school after TPS. Gave them the recent i-20.

Case was approved same day.

 
Posted on 07-23-19 12:35 PM     [Snapshot: 1121]     Reply [Subscribe]
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 @Slazz11: class of admissibility in i485 form is DA. 
I was never been out of status before. I was granted TPS on 2015 and I was in OPT till 2017. Still not able to find out based on my F1 status why are they dening the AOS. On top of that my immigrantion lawyer, doesnot understand all these.

 
Posted on 07-23-19 1:23 PM     [Snapshot: 1214]     Reply [Subscribe]
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You said they terminated your SEVIS that means you were out of status briefly. But out of status period less than 180 days should no deny AOS.
 
Posted on 07-23-19 1:26 PM     [Snapshot: 1216]     Reply [Subscribe]
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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]
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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]
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@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]
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@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]
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@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]
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@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]
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@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]
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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]
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@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]
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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]
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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]
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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]
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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]
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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]
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@ 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]
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Applied for motion to re-open. Hope everything will work this time.
 
Posted on 08-10-19 11:02 AM     [Snapshot: 3628]     Reply [Subscribe]
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@ktmboy...All the best sathi...Hope everything will be good this time...Please keep us posted
 



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