1) What exactly would happen to my F-1 status if I apply for TPS ? I should maintain my F-1 while in TPS also right ?
- If you maintain full time student status, 12 credits, I guess, you remain in F1. If you inform your college that you have TPS and did not take 12 credits, you are in TPS and F1 is invalid. Once TPS is expired, you have to enroll again to college with 12 credits. Once you use EAD through TPS, your F1 status will be changed to TPS. remember, one can not remain in two valid status F1 and TPS at the same time.
2) Should I apply TPS through an attorney lawyer or can I do that myself ? I saw a thread which tracks people's update, but is there a thread that teaches me how to do apply?
- No need to apply TPS through lawyer, its simple and follow the instruction and if you get confused, you can always ask in the forum here. Use I-821 for TPS and I-765 for EAD and 1145 for email notification.
3) I have to go Nepal this summer. Will applying TPS affect my visa ? I was previously on F-1 and OPT and I am now doing my Masters. My visa expired 3 years ago. What do you suggest ? I saw few threads where people said it'd show immigration intent.
- While applying TPS, you can also apply for Advance Parole (Travel Documents). Even if your visa is expired, you can apply with that passport. You just need the Nationality proof. You do not need to renew visa if travel outside US with TPS Advance Parole. As long as F1 OPT is valid , you are still on status and visa expire does not matter to travel outside with advance parole.
4)Do I have to apply for visa if I have TPS ? But re-entry isn't guaranteed isn't it ?
Since you are in F1 and once you get TPS with advance parole, you do not need to renew visa in Kathmandu. You can show the advance parole at the port of entry but that does not guarantee to enter US as it is entirely upon the immigration officers discretion to decide. for example, they will check your background and being at F1, if you have worked using social security, they might raise their eyebrow. So, in this case, its always better to consult any Nepali Lawyer who provide you the best solution. But remember, once you travel outside US with TPS advance parole, your F1 will not longer be valid and your current status will be in TPS even if you take full 12 credits. So decide wisely and act smartly.
Last edited: 02-Nov-15 11:58 AM
Last edited: 02-Nov-15 11:59 AM
Last edited: 02-Nov-15 12:00 PM