Hi all... After getting suggestions from other Sajha users and watching interviews of several attorneys, I had decided to submit an application for TPS + EAD for my F-2 wife. But I wanted to make sure that she'd be back to her F-2 status when TPS expires. I consulted with my ISO advisor and the response I got was that working under TPS EAD violates the terms and will void the status, at least for F-2. Just a heads up for all F-2 status holders. Here's the actual response I got: After consulting with several attorneys and doing some extensive research, and I have an answer for you. Unfortunately, it also means what I initially thought was correct and it is not advisable for her to work with an EAD based on TPS while holding F-2 status. You and your wife can apply for TPS, if you would like, and the accompanying EAD, because holding TPS and F-1/F-2 status is fine. However, if your wife decides to work using the EAD, even if it’s for a small part time job or odd jobs here and there, we will need to be notified immediately to end her F-2 status, as working on the F-2 is prohibited and we don’t want to have her violate her F-2 status and jeopardize her immigration status or future immigration status. She could remain on TPS in the U.S. should she choose to do so. However, should the TPS end prior to you completing your program and she need to be re-instated as an F-2, she will need to travel outside the U.S., obtain the F-2 visa stamp, and re-enter the U.S. This may be difficult and you should both be prepared for that. My best advice would be to have her find a position that is willing to sponsor an H-1B for her and change her status so that she can work.

My first reaction to this (without doing much research): for me, it sounded like 'Bakwaas_kura' like your user name here (:)).  Talking about violation of status, F1 status also does NOT allow you to work off-campus, but all F1 TPS applicants are going to work anywhere using TPS EAD. SO, using authorized EAD, you can work anywhere, but maintain your other status ( which will help you future) (for F1, enrolling minimum hrs, maintaining good academic standing etc). For F2, it is always linked with F1. As long as your F1 is in status, your F2 is in status (and definitely you should be able to work with valid EAD)

I agree with Sp1 on this matter.

Bakwas hawa kura

f2 is very limited status for cooking and serving f1. I advised all f2 to apply for TPS EAD and stand on your own. If you can't get back to f2 that's even awesome. Things will work out for you.

most ipo advisers don't know shytt.... they are some spanish/history etc major who happen to travel some countries in their student days and become advisors . so what your f2 ( fuck you too) visa goes out there are thousands ways to make PR and other visas to stay in the US. They scared me so much during my school days that even today i feel panic on doing anything. Who knows your wife will get an odd job or little here and there job? who knows maybe your wife can get a kickarse job that makes 2 times her salary, its possible if she goes to indian IT consultancy... they just renewed the Tps for Haiti yesterday, so it's already 5 + years.. are you planning on being a f1 for 5 more years, maybe 7 maybe 10 for Nepal too? why did you ask the IPO in the first place, they don't know shyt about TPS.. she probably asked avoo and websites on the web and got various conflicting answers...

Well said, taxidriver

Thanks for pitching in guys. And yes, I agree with what you guys are saying. I watched interviews of few attorneys posted on some threads here and that's basically what they said too. I'm just a little concerned because of what my ISO advisor is saying.

And taxidriver, that's exactly what our plan is - go through IT consultancy for the wife and hopefully adjust her status to H1B by the time TPS expires.
Is it possible to do that without a U.S. college degree? My wife came here recently after completing a 4-yr bachelors degree (BBA) back home. Any advice you might have?

Thanks!

For filing H1B, it is not necessary to have a US degree. Many dhoti's come to US directly from India and I have seen some Nepalese bhalu bhute directly with TU degree in H1.

The Adviser does not know what he is talking about. And tbh you don't need to tell your advisor that she applied for TPS. Regarding the status TPS it is not a status, at least technically. If you have a F1 then you still are a F1 regardless of weather you have a TPS or not.

Bull ko Shyat

Thanks ProblemSolver! Do you (or anyone who's looking at this) know a good consultancy, preferably in Houston or other TX cities?

TPS is quite confusing so maybe (and hope that) the advisor and the attorneys she contacted are wrong.

SIS: No hatred/judging please

Yes, I agree with you that TPS is very confusing. Some of the things are very simple, but we are making it confusing. Just don't listen to one person, rather get the information from everyone, read online, go to forum where people who already got TPS(from other countries), talk about TPS.
From my experience, college advisor/DSO/International office are the least knowledgeable on this matter. TBH they have no idea what they are talking about. Most of the ones my friends/Saja people talked with had no idea, but we can not judge all.
Best bet is to wait, know it in deep and apply. Even Nepali lawyers are not 100% confident about it.

Each case is different, so it needs to be treated differently.
Good Luck

Agree with you MimroRaMero. After reading through some threads here, doing some research, consulting ISO advisor, I've decided to mail the application for my wife. I did get an update from my DSO though. Here are the questions I asked and her answers: