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 )

I don't think they will match the ending and new date of the EAD.
When your TPS EAD get approved, it will start right away, and your old EAD gets terminated.

"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."
I don't think you can skip labor certification and perm process and go for i140 directly. Correct me if I am wrong.

@jahbles...

You are correct !! I forget to mention that. Of course , those are the min requirements to file I140.

This info is really helpful. I am graduate in December 2016, so applying only for TPS, but TPS and EAD for my wife (on F2). Is there way that a F2 working for a company can receive H1 status. I think there is a very rare F2 to H1 transition, but is it possible.

Thanks,

When your wife gets EAD, company can sponsor her for H1, or GC on employment. To change the status, someone has to be in legal status while applying for TPS, if not then it's gonna be very hard/almost impossible.

I am a F1 Student. I want to apply for Fee Waiver for TPS I-765. According to the instructions, I have to send a copy of my tax returns to provide evidence that I have low income. But I cheated on my tax and got a little more in tax return than I was supposed to. Will USCIS care about this or will they use my tax terurn just to see my income? Please Help me!