Hello All,

I met with an USCIS officer yesterday. Here are the few info I received from them.

TPS kills your previous status but you can come back to your original status once TPS ends and you must be maintaining that previous status. As that being said:

For F-1 : If you did/will graduate in 2014/15/16 and didn't make in H1b lottery, Good news. Apply TPS and then work for the company and tell them to file I-140 directly.

For F-1 graduating after 2016, Apply TPS, apply EAD, work if you want but ask DSO to keep your sevis active and mention you will be maintaining full time (taking minimum course hours). (You dont have to mention, oh, I will be working off campus since I will be having my EAD. Some stuffs need to be kept secret. ) As long as your sevis is active, you can come back to F-1 status once TPS ends.

OR, for F-1, apply TPS and apply economic hardship so that you can work off campus, work more than 20 and still your sevis remains active and you can come back to your original status.

(Regarding working more than 20 hours off campus or on campus. How can USCIS verify you have worked off campus or on campus? Many of us have worked with SSN back in those days and now they have a GC in their hand. Working shouldn't be a big deal at all. If USCIS comes for a random check, you have an EAD. So, you should be just fine. My view though!!!)

H1B: No good at all, kills your current EAD and once TPS ends, you need to apply for another EAD which might be tough to be selected next time.

H4/F2: Apply TPS and EAD, work, study and then later if your spouse didn't file for I-140/I-485 till that time, you guys need to leave the country again and come back again with dependent visa. Take it on your own risk. :)

B1/B2: Enjoy the TPS. You guys can stay until TPS ends.

J-1 visa: As long as your company sponsors you and you will be able to file I-140/I-485 with in the TPS period. You can adjust the status. Time plays a role here.

Good luck to all.

(PS: I am not a lawyer and all the info I received was based with the interactions with that Officer. In one of my questions, his answer was: Was Nepal granted a TPS? LOL, and he was a supervisor of that location. So, Administration doesn't know much either. Again, Believing or not is your choice )

@Coolbuddy bro, gr8 information..

Was thinking of applying for tps for back up but looks like it wont work for H1 holder. Better go for GC and get it before tps end

F2 can change the status to F1 before TPS expires. Don't have to leave the country.

@mangale: I dont think so. Once you apply for TPS, there is no way you can change the status. You better apply for F-1 at first, get approved. And then apply for TPS. You can only adjust the status. Now, when TPS ends, you can come back to F-1 as long as you maintain your original status.

(Ex. B1/B-2 applied TPS. So you are in TPS. Can you join school - Yes. Can you apply for F-1 - Nope, you can't change the status on TPS. Very similar to F-2. )

@coolbuddy when you met with USCIS officer did he really say H1B EAD ?

Does applying for TPS kill your original status ? I am on F-1 OPT and planning to apply for TPS since my OPT expires next year.

According to Adhikaar forums, it just gives protection and doesn't affect your current status (if it is legal) in any way. Correct me if I am wrong.

@coolbuddy the USCIS says you can't change to immigrant status but you can change to non-immigrant status while in TPS

Guys what about if you just apply for TPS but do not apply for work authorization (Keep H1B Authorization)

@info_khojeko: It kills for the time being ( Until TPS ends)

@mangale....umm no comment :) Looks like it.

@maxpayne: why do you wanna apply for TPS? does that TPS do any good for you? H1b is good for 6 years..Ask your employer to file GC for you, if not,look for other company who will file GC for you.... So, far I dont see any benefit applying for TPS at all !!!

@coolbuddy - Are you sure the officer told you that the company can directly apply for i140 while in TPS? i140 is applied by the company after proving that there are no qualified US citizens available for this position and that's why we want to petition this person for permanent immigration (all done through PWD/advertisement/PERM). I think the company still needs to prove that US citizens are not available to petition a person for permanent immigration whether the person is in TPS EAD , OPT EAD or H1.

@coolbuddy- Thanks for the info.

@coolbuddy- Thanks for the info.

ark... yea, you need to definitely go thru those stuffs. I mean, you dont have to wait for H1b to file for I-140. You need to go thru that PERM and all.

Its like , you need to get an I-20 to study in USA. It doesn't mean getting I-20 qualify you to enter to US. You definitely have to get a VISA first. Very similar, I guess.

This video from Bandita Sharma-Dahal (https://www.youtube.com/watch?t=521&v=PkX6ies5uvo)implies that applying for TPS does not nullify your current status.
Say my status is H4, can I apply for TPS EAD and work, and when the TPS expires come back to H4, (assuming my principle applicant H1 status is still valid)?
There are two different talks on this. How can one be sure?

I'm applying for asylum..too late to go back..will I be eligible for TPS if I get rejected there? I'm planning to get it done within summer maintaining my f1 status though IF the interview come by then. also, i heard we get some 18 months break off college with TPS even with f1 status. is that true? any advice would be really appreciated. Need to take some biggest decisions this week.Thanks!

If you are applying for asylum, and asking for advanced parole to go back to Nepal, you might have some problem, because the only basis of your asylum is you will have hard time if you go back to Nepal. While is some cases that might be true, but you better be a good talker if your case goes to the court.
You are eligible for TPS, the only criteria is you are a Nepali citizen and are in the US on or before 24 June.
If you take 18 month break from school, make sure you get permission from the DSO and ask him/her to maintain the status of your SEVIS, that way you can go back to F1 after 18 months. If SEVIS is not in status, you can not go back to F1. (You can, but you have to reapply i20, may be go back to Nepal and re-apply for F1 visa)

For H1B-
Whether TPS is approved or denied you will have no effect on your H-1B status, as long as:
1. You continue to maintain valid H-1B status, and
2 Do not apply for TPS-based EAD.
Yes, employer can continue the "green card application process".

Reference: http://www.avvo.com/legal-answers/can-h1b-and-tps--without-ead--be-maintained-in-par-2246496.html

In the mean time, if you need EAD in future, you can always apply for it.

What do I do if I want an Employment Authorization Document, after I have already registered or re-registered for TPS?
If you have already registered or re-registered for TPS, you will need to submit Form I-765, Application for Employment Authorization, with the appropriate
fee, if applicable, or a fee waiver request, along with your most recent receipt notice or approval notice for Form I-821, Application for Temporary Protected
Status. These forms can be accessed from our website at www.uscis.gov/forms.

having said that I will have no problem applying for TPS if I can maintain my status as F1 even after getting rejected in asylum? also, i'm applying from cali and want to be at texas uni regardless of whatever result in interview to ensure my f1 status doesn't hurt. but i will make it as i'm now planning to study at cali of course to interviewer. however, upon delay on interview and if i had to actually enroll in cali..all i need to do is transfer to cali and get permission from the DSO and i still get break, right?

I have a question regarding this statement.
For F-1 : If you did/will graduate in 2014/15/16 and didn't make in H1b lottery, Good news. Apply TPS and then work for the company and tell them to file I-140 directly.

So does it mean if you are in TPS status employer doesn't need to file perm and can directly apply I 140?