Hi..Is it possible for someone with F2 dependent visa to obtain TPS now and later change to F2 status, if he wants to study in future. I am litttle confused about the future consequences. Thank you.

Hi
Somebody suggest me please!
Now im staying as a dependent on my husband, he is pursuing his PhD with graduated assitanceship; in the mean time i have applied for my change of status from F-2 dependent to F-1 and waiting the result.. It must get done before fall semester starts.

So, my concern is can i apply for TPS now while My current status is F-2?
If yes, can i get EAD since i'm a dependent? I guess they won't give me EAD since F-2 is not allowed to work.
Or, it's better to wait for one more months and apply after changing my vissa status in to F-1? Since, F-1 vissa status holder will get TPS easily?
Or, what will be thebest for my case? Is here anyone in the same boat?

TPS is a different status you won't be in F2 status anymore after your TPS gets approved. If your spouse will continue to be in F1 until the end of TPS which is likely to get renewed after dec 2016 you need to again apply for Change of status to be in F2. Dang immigration in U.S. is very complicated!!

I think, TPS is not different status, it does not have to anything with previous immigration status (it is just protecting the status). Lets say, F2 apply TPS and EAD and approved. Unless and until you do not use that EAD, you will be fine, but when if you use EAD, then there are many complications at the end of TPS, but technically you are not out of status using EAD as you are already protected.

Meaning, if you use TPS EAD, then we don't know the answer, otherwise, apply TPS and do not use EAD or do not ask EAD.

maryoamericale's answer looks legitimate:

F-2 dependents are not permitted to work. An F-2, however, may qualify for a separate, independent immigration class that does permit work. Examples include the F-1, H-1B, J-1, O-1, or TN. An F-2 dependent who works has violated status even though the F-1 still may be in status.

F-2 dependent spouse or child is in status only while the F-1 is in status. An F-2 dependent who works has violated status, even though the F-1 still may be in status.

@maryoamericale is it the same thing with H4 and what about F1 they can just work 20 hrs in campus .

Hi all,

No one is sure about this, I asked couple of lawyers but they are saying like that. That is very bad that F2 or H4 cannot work but I was trying to call USCIS and double check. Guys, call USCIS and bother them, it is our right to know right information. I am in the same situation, desperately needed for F2 and OPT, seems very sad to the one who is legal status.

I agree with maryo..

From my understanding Dependent status can work legally after getting TPS-EAD. During TPS, you can get green card through job, marriage or asylum. Suppose you can't change you status during TPS granted period, you will be moved back to your original status when you apply for TPS (if condition is still valid)

Will F-2 dependents (spouse or minor children) of F-1 students covered by this notice be eligible to apply for employment authorization?
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No. An F-2 spouse or minor child of an F-1 student is not authorized to work in the United States and, therefore, may not accept employment under the F-2 status. See 8 CFR 214.2(f)(15)(i).
I found this while going through internet, though it's for Syrian people.

F2 and H4 cannot work legally, despite of TPS. Period.

An F-2 spouse or minor child of an F-1 student is not authorized to work in the United States and, therefore, may not accept employment under the F-2 status. Applicable to any country.

Anyone illegals are still illegals. They are also not allowed to work legally. Remember, TPS is for protecting ones status who were here before April 25 and that their visa/status is about to expire. In such a case, they are not forced to return back to Nepal. They can apply for TPS and stay and work here (whichever visa they were in) until TPS is granted.

With approved tps and ead, any visa status can work. If u have approved tps you are no longer F2 or H4.

Is that true damauli_guy? Khai kosle k bhanchha kosle k

Hi All,
Please just not mention, what you think and what you believe, please come up with good source of info where clearly states " Whether dependent can work or not " applying EAD thro TPS. @ damauli_guy, agree "If u have approved tps you are no longer F2 or H4 " but could you also mention what happens when TPS terminated after the certain amount of Time? As per this site:
http://www.gpo.gov/fdsys/pkg/FR-2015-01-07/html/2015-00031.htm
"
When the Secretary terminates a country's TPS designation
through a separate Federal Register notice, beneficiaries return to the
same immigration status they maintained before TPS, if any (unless that
status has since expired or been terminated), or to any other lawfully
obtained immigration status they received while registered for TPS.
"

Thanks

For example , if u r h4 and apply for tps and ead and approved you are legally allowed to work. Now the question is if it terminate you will go back to h4 if your spouse has maintained h1. But if your spouse gets GC through employment, DV, asylum you will automatically get it as well.

I am in same condition . need to talk to you .plzz send me your no or email id

@Nepali8: I suggested the same thing. Let us analyse what USCIS website says:

When the Secretary terminates a country's TPS designation
through a separate Federal Register notice, beneficiaries return to the
same immigration status they maintained before TPS,
[WHICH MEANS IF YOU ARE F2 , YOU WILL CONTINUE TO BE A F2 OR F1 WHATEVER YOUR STATUS WAS BEFORE]

if any (unless that status has since expired or been terminated), or to any other lawfully
obtained immigration status they received while registered for TPS.
[ WHICH MEANS THAT IF YOU CHANGE YOUR STATUS TO (SAY)F1 FROM F2 BEFORE YOUR TPS EXPIRES, YOU WILL NOW BE F1]

I think its fairly straight forward. Someone said it before that TPS is not a status related thing. It is only to assure that you can stay until TPS expires.

Another interesting thing is: You can only apply for TPS and not for EAD. Some people may just want to stay and not work. Correct me if i got it wrong.

Guys!

Read this TPS document for Syria to have information regarding TPS and H1B/F1/Asylum etc. READ THE LAST PAGE OF THIS PDF DOCUMENT. I hope this information applies to Nepal too but not 100% sure. So, talk to a lawyer if you are in doubt.

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/March%202012/TPS_Syria_QAs_03-29-12.pdf

Quote:
Question: If an H-1B nonimmigrant obtains an EAD based on his or her TPS, can he or she
continue to maintain his or her H-1B nonimmigrant status?
Answer: A TPS beneficiary is granted an “open market employment” EAD. This means that the
EAD gives him or her unrestricted access to employment in the United States. The fact that an
H-1B nonimmigrant is granted this type of an EAD does not cause the alien to violate his or her
nonimmigrant status, if he or she continues to act in accordance with the requirements of his or
her approved H-1B nonimmigrant petition. However, the nonimmigrant will violate his or her H-
1B status if s/he uses the EAD to engage in employment for a separate employer and leaves the
employer listed on the approved I-129 petition.

Anyone can apply. Check the posting for Haiti
1. I am a Haitian in the U.S. on a temporary work/visit/study (etc.) visa and I don't believe I qualify for TPS. Is there anything I can do to extend my stay?

If you were in the United States on January 12, 2010, regardless of your immigration status on that date, you may be eligible to apply for TPS. More information on TPS eligibility for Haiti can be found on our Temporary Protected Status-Haiti page.

If you currently have a valid nonimmigrant status (student, temporary worker, visit, etc.) and would like to extend your stay, please review the information provided in the "Working in the U.S." or "Visit the U.S." sections of our website. You may also review the instructions on Form I-539, Application to Change/Extend Nonimmigrant Status, and Form I-129, Application for Temporary Worker (the form you would use to extend your nonimmigrant status depends on your current nonimmigrant status).
http://blog.uscis.gov/2010/03/answers-to-your-comments-about-haiti.html#comment-form

Hi all,
I have TPS and my wife and kid do not have since they came us after I got TPS, Do they have chance get TPS if there is extension in october?