I need some suggestions from you guys. I applied Asylum on Last July, haven't heard anything from USCIS about my case and interview. So, can I apply for TPS ?? And currently I am working for NGO and they are willing to apply Green Card for me. So, please help me out guys. Don't know what to do right now.

So, can I apply for TPS ??

US CITIZEN AND LEGAL PERMANENT RESIDENT(ALSO CALLED GREEN CARD) holder bayek it's better to apply TPS for all other status...


I am working for NGO and they are willing to apply Green Card for me. So, please help me out guys............................it's always better to have a VALID LEGAL STATUS NO MATTER WHAT TO BE ELIGIBLE FOR EMPLOYMENT BASED GREEN CARD.

so if u stay i TPS status then it's east for ur company to file i 140 and remember one thing you can apply for i 485(green card) from next month OCT,15 even though your VISA is not current so it's a great news.

anyways before giving you exact sugesstion I NEED TO KNOW YOUR CURRNET IMMIGRATION STATUS ???

Currently I have no status. I applied for asylum but haven't got interview date. Have work permit and SS no.

@Misha, did you gave your biometrics ?
You said you have work permit and SSN (via Asylum?? ) then your status is Pending asylum application. You are not out of status.

I did give biometrics. Ok then what should I do ??
can my organization apply green card for me ??

Really i dont have answer for that question but Punter Bro might suggest you.
But you are not out of status , you have status which is called Pending Asylum Application (CO8).

if you applied for सरनार्थी in july 2014 from California then you will most probably get your interview date no latter than june 2016 to aug 2016 for sure ,,


IF U DON'T HAVE VALID LEGAL STATUS THEN IT'S KINDA HARD FOR I 140 APPROVAL.
IT'S BETTER TO GET A TPS STATUS

AND ONE MORE THING YOU COULD BE PLACED IN REMOVAL PROCEEDINGS WHILE APPLYING TPS , I HAVE SEEN FEW PLACED IN REMOVAL PROCEESINGS WITH AFFFIRMATIVE I 589 PENDING WITH USCIS AND APPLYING TPS ,
SO BE CAREFUL

you have status which is called Pending Asylum Application (CO8)----------------
this status is only good for DL,SS and school
this status is not enough for employment based (i 140 processing)

I applied Asylum from New Mexico. As I was working for this NGO. I used work for the same organization when I was in Nepal.
So, in my case, I can apply for TPS, and after that can go for another visa or green card.

when did you enter UNITED STATES?MONTH AND YEAR?
DID YOU ENTRY A LEGAL ENTRY ?
WHAT NON IMMIGRANT VISA DID YOU USED TO ENTER UNITED STATES ?

I entered US on January 30th 2014. And yes It was a legal entry. I came here in Fiancee fish.

OK SOUNDS GOOD.
1.YOU CAN GO AHEAD AND APPLY FOR TPS (DO NOT FILE EAD SINCE YOU CAN'T HAVE 2 EAD'S)
2. AFTER GETTING TPS, YOUR EMPLOYER WILL NEED TO FILE I 140 FOR YOU
3. AFTER THAT KEEP CHECKING YOUR VISA NUMBER ON TRAVEL.STATE.GOV VISA BULLETIN WHICH IS PUBLISHED EVERY MONTH. YOURCHECK THAT NUMBER ACCORDING TO YOUR I 140 RECEIPT FROM USCIS(CHECK PRIORITY DATE ON RECEIPT NUMBER)
4. FINALLY AFTER APPROVAL OF I 140 , YOU WILL FILE I 485(ADJUSTMENT OF STATUS) IF AND ONLY IF YOU HAVE VALID LEGAL STATUS(THAT IS TPS FOR NOW) BECAUSE ADJUSTMENT OF STATUS CANNOT BE DONE IF YOU DO NOT HAVE VALID LEGAL STATUS.(I HAVE BEEN TO THIS BOAT ONE TIME MY PERSONAL EXPERIENCE)

5. ONE LAST THING FOR EXAMPLE LET'S SAY YOU DON'T HAVE STATUS OR YOUR TPS STATUS IS EXPIRED THEN ALSO YOU CAN APPLY FOR GREEN CARD BUT THIS TIME YOU HAVE TO GO THROUGH COUNSELOR PROCESSING AFTER i 140 APPROVAL. THAT MEANS YOU HAVE TO GO BACK TO NEPAL AND APPLY FOR IMMIGRANT VISA IN US EMBASSY. ONCE YOU GET IMMIGRANT VISA YOU WILL GET YOUR I 551 PERMANENT RESIDENT CARD (GREEN CARD) IN MAIL AFTER YOUR ARRIVAL. YOU WILL GET IT WITHIN A MONTH.

@punter question for you.

One person was out of status for few years but now have TPS. If an employer willing to sponsor green card from him / her then they can file for GC. Is that right?

does the person has to go for consular processing ? will the TPS help to make an adjustment of status. I thought you need have some other non-immigrant status such as f1 / h1 to do an adjustment.

Also, if it is true that an employer can file for a green card if the person is in TPS status (out of status before) how do you know this information ? I am not trying to contradict your opinion just being curious about source of your information. Do you know anyone who was in the same situation ? or do you know any one who know anyone who was in the same situation?

I will appreciate your input.

Ok. Can I get your number ?/ May be it would be easy to talk on the phone. I am leaving right now. I will get back to you this afternoon.

mero_naam_ho...................i think u didn't read my comment carefully . i used to be on same boat .



does the person has to go for consular processing ? will the TPS help to make an adjustment of status. I thought you need have some other non-immigrant status such as f1 / h1 to do an adjustment............................................................................................................having TPS allow you to adjust status like f1/h1 and other all non immigratant visas
it is same like going to MAVNI US ARMY with f1,h1, and TPS , if u can join MAVNI with TPS then you CAN also can adjust status with TPS , you don't have to go to counselor processing

...BUT ASYLUM PENDING STATUS DOESN'T ALLOW SOMEBODY TO ADJUST STATUS , YOU CAN DO IN ONE CONDITION THAT IS MARRIAGE BASED AOS with US citizen not F2A category.

@punter

"having TPS allow you to adjust status like f1/h1 and other all non immigratant visas"

if this is true then god bless you man. it will solve gc problem for many Nepalese people.

thank for your input.