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.

Sorry..i mean change to F1 student visa...

hello Suraj, as this TPS was relatively new to us Nepali people. I was looking over the forms on other countries that were designated the TPS. On one of the form they said, it is not for dependents.. But i may be wrong. Probably we want to see the forums where there are discussion on Haiti, or some other countries that has been given the TPS before. Here were might just be asking questions and noone has really experienced it, But others might have experienced and been through this situations.

http://www.avvo.com/legal-answers/can-f2-visa-status-apply-for-temporary-protected-s-2239529.html

Seems absolute disaster, no one knows.

The post at avvo.com suggests its not possible to come back to F2 or F1 after using TPS..I want to find out if it is real.

Hello guitar center..I think the information is quite straight forward in the following link where it mentions:
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.

The link is:
http://www.gpo.gov/fdsys/pkg/FR-2015-06-24/html/2015-15576.htm

I am not sure, but I think F2 dependents may need to go back to home country and apply F2 again. Same is the situation for H4 dependents.
This is just my understanding..no legal advice :)

Suraj 2062...

As per my knowledge:

*You would continue to have F2 status as long as your principal maintains valid F1 status. You don't really have control over your current status if you are an F2.

*You can apply for TPS regardless of ur immigration status but if you really want to continue ur F2 status you can continue that parallel with the TPS status as well. Applying for TPS status does not revoke ur original status. Looking into the history TPS normally keeps getting extended so not applying for this could be the stupidest decision in ur life time.

*Scenario 1: Lets say you continue to have both F2 and TPS status. At the end of TPS status you should not have any problem at all to apply for change of status to F1 because it's normally pretty easy to change F2 type status to F1 since F2 status intent is not to immigrate to the states.

* Scenario 2: Lets say both of you guys applied for TPS got TPS and the principal F1 holder decides to drop out and give up F1 status then it gets little tricky. After the TPS period if you apply for change of status you may have to go thru consular processing. That means you may have to go back and get a F1 Visa. But again thats a big "May" so you never know.

Final advice: TPS is a great great benefit. You can get social security , EAD and stuff and you may very well know how important those two things are in the states. Also TPS normally keeps getting extended for a long time so don't waste a minute. Apply for TPS ASAP.

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