Hello all,

"ONCE YOU APPLY FOR TPS, YOUR CURRENT STATUS BECOMES VOID". SO THINK TWICE BEFORE APPLYING. GET A FULL CONFIRMATION AT FIRST.

To come back to your original status once TPS ends, you should consult the uscis officer near your field office to get the 100% accurate answer.
I am making an appointment next week and get confirmation for my questions.

However,
Just to share the info that I received from USCIS Customer Representative.

They even don't have the answers to the questions I asked.

My question was:
1) Can H1B holders apply for EAD card thru TPS and work part time to another employer while maintaining full time with current employer and protecting H1B status ? Ans: "I Don't have an answer for that however, you can make an appointment to USCIS officer via our info pass and you will get all the information you need from him."

2) Can H4 apply for TPS ? Ans: "Yes, but current status becomes void and you will be protected by TPS". Can he/she come back to H4 after TPS ends? Ans: "You will get your full confirmation on that as well once you visit to the USCIS officer near your location."


Also,
EAD Card Holders: You can't have a two EAD card. (Thats for sure) Either you need to leave your OPT/H1B EAD Card and have TPS EAD Card or use your existing EAD Card. USCIS don't authorize two EAD card for the same person. If you plan to use TPS EAD card, once TPS ends, your employer need to file H1B, leave the country again and come back on H1B Visa.

So, H1B holders, I don't see any benefit on applying for EAD card thru TPS. ( I will get full confirmation on this next week as well)

All immigrant Visas can apply for TPS , EAD card and work but remember again, your current status becomes VOID. To know whether you can come back to the original status you had before applying to TPS, I don't have a perfect answer for that. But, if you have questions, I can ask with the officer next week and get answers.

Remember again, Once TPS is granted, your current status becomes VOID.


Good luck to all.

Hi coolbuddy

Thank you for sharing your experience here. Can you also ask few questions on behalf of me ?

1) I know, you might have already this question in your list but I am still including it just to make sure you don't forget about it :) .. Is it true that existing status will become void once you apply for TPS (F1, H1B)?

2) While on TPS, can an employer file green card for that person?

3) If someone applying for TPS is choose not to apply EAD this time . Once the TPS has been approved can that person apply for an EAD at later time?

4) Do we need to provide any documents related to our status . i.e. Do we need to send our I20 or h1b approval notice while applying for TPS.

5) Does CPT count as an EAD?

Thank you for your help.

I am bookmarking this thread so I will be waiting for your answer, please kindly let me know.

Booty bro, Please include my question in your list as well.
"So, H1B holders, I don't see any benefit on applying for EAD card thru TPS. ( I will get full confirmation on this next week as well)"

Can they apply only for TPS and not apply for EAD? If they can, is there any impact to their H1B status? is there any provision for them to apply for EAD if required for any reason, after Dec 241st 2015 (registration period?

Thanks and Regards
lamps

Hello,

can you also include one question from my mom?

Her B1/B2 visa stamp through Aug 7th 2015, if she applies for TPS and stayed, is she over staying her B1/B2 visa after Aug 7th?

Thanks,
Jai Nepal.

Coolbuddy,

Could you please ask this question based on my situation -
I am going to graduate in Spring 2016 with graduate degree (non-stem). If i want to maintain F-1 status should i apply for OPT. If so then does OPT period gets affected because of TPS EAD. Does TPS EAD reduce time period of OPT EAD or not? Do i have to use OPT after graduation or stick with TPS EAD to maintain my F-1 status? What will happen to F-1 student in TPS after graduation? And also is it possible for F-1 student in TPS to directly apply for GC skipping H1B as there will be more furious competition on next H1B filing.

So many questions but i think that most of F-1 student would like to know about it.
Thank you again for your active involvement on getting right answers for our doubts through USCIS.

@coolbuddy
I just Graduated this summer and I already applied for OPT(EAD) its in the process, Now I will apply for TPS .....as you mention before I cant apply for Two EAD....if so when my OPT expires next year can I apply for TPS Thru EAD or not?
Another question is do I have to maintain F1 and TPS together ......
Thank you

@TOM2HANK it wont be illegal, tps will cover
@f1student you cannot have two status and two ead. Also you dont have to go through h1b to apply GC, GC can be done from tps as well

Coolbuddy, you are misleading many of us here. Once applied for TPS, your current status DOES NOT become void. TPS is not really a status, it's an added temporary benefit from the US government to the citizens of those countries that are affected by war or natural disaster.

My sources: http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status#What is TPS?

Yes StatusPidit is right. Coolbuddy is misleading. TPS can exist alongside any other status. Once TPS period ends you will be back in your other status ( if it hasnt expired)

Coolbuddy is right as one of the lawyer said same to me.
If you apply TPS when you have valid status, you will go back to same status when TPS ended.

@ Mero_naam_ho:

1) From what the representative said, all your status(F-1, F-2, H1, H4) becomes VOID once you apply for TPS. And, you will be protected by TPS. Can we come back to our original status once TPS ends? Yes, but if you maintain your all requirements for that status. Example. F-1 applies TPS, gets EAD and work more than 20 hrs/week. Thats the violation of F-1 status, Can he come back to F-1 again once TPS ends although he maintains all other requirements? Ans: Thats a really good question to ask for the officer so that we can get full confirmation. I will definitely ask that question and let you know.

2) I will ask this question as well. But, if you fulfill all the criteria for filing GC, why not !!!
3) I will ask this question as well. But, looks like yes, before TPS registration ends. At first, you wont be paying 380 for that I-765. If you want EAD later, you can pay 380 and USCIS will happily take that money and issue an EAD. ( Money matters for USCIS. :)

4) Nope
5) Nope, you can have unlimited part time CPT and apply for OPT. but remember 12 months of full time CPT will disqualify you from filing OPT (EAD). I have been thru this. So, Plan yourself ahead !!!

@ Lamps
I can see as well H1B are not benefited from that if their H1B is not expiring on Dec 2016. Representative told me,why would like to file for TPS since you have your H1b until 2017? We can wait until we get complete answer on our H1B cases. I will definitely ask those questions. :)

@tom2hank
As representative told me, your current status becomes void. Your mom is one of the lucky person to file for TPS. She can stay until Dec 2016 legally since she will be protected by TPS. I will ask this question as well for full confirmation. TPS is designed for this type of people and we are are looking for side benefits. :)


@F-1
You will be applying for OPT around March 2016 since you will be graduating in spring 2016. And, TPS registration ends Dec 2015. I can see you really need a full confirmation on your question. Remember, you can't have two EAD. If you get EAD for TPS, and apply for OPT EAD later, they will decline either your TPS EAD and issue OPT EAD or reject your filing. Lets assume, you apply for TPS EAD, expires Dec 2016. You graduated on May 2016. You got your job on May as well. And company is ready to sponsor as well. So, All these PERM process takes around 1 year. And, one more assumption, TPS gets extended. i.e, extra 18 months, so you have around 24 months of TPS time where your company need to Sponsor. And, Priority date is current for graduate degree. I think if Nepal TPS gets extended , it will benefit you to file GC via TPS EAD. But, what will be your status in between and will you be on F-1 once TPS ends ? Ans: This is really a good question to ask for the USCIS officer. :)

DONOT APPLY UNITL YOU GET FULL CONFIRMATION ON YOUR QUESTION. YOU HAVE ENOUGH TIME FOR THAT.

@bakakallu
Get your OPT EAD at first and wait until you get full confirmation on your question. See what I wrote for F-1. If you have job and company is willing to sponsor you, you have more time compared to F-1. You can't apply TPS EAD next year since registration ends this year.
You don't need to maintain TPS but yes, you definitely need to fulfill all the requirements to come back to F-1 once TPS ends. GET A FULL CONFIRMATION ON YOUR CASE BEFORE YOU APPLY FOR TPS.

@Statuspidit: Yes, its an added benefit and you will be under TPS and not on your current status once you get approved for TPS. Your current status becomes VOID and you will be protected by TPS Remember, you can come back to your original status only and only if you fulfill all of your requirements for that status. So, for people on F-1, H-1, its really a tough decision whether to apply or not.
Thats what USCIS representative confirmed me. I am just sharing what USCIS told me.

Thanks Booty Bro,
My question was in regards to H1B expiring in 2017. The way I am thinking is, say I apply for only TPS(without EAD) and maintain my H1b in Parallel. There is high probability of getting the TPS renewed. Let assume the TPS will be renewed for next 5 years. I wanted to know if I am eligible to apply for EAD if, I no longer have H!B work authorization.

@lamps I m kind of same situation. I was wondering they can recapture the remaining H1b time if they approve TPS now. Even applying GC during this time. So I know some guys during recession lost their job h1b holders went to school changed to F1 and when they graduated got job start d working with the remaining time on H1b no Lottory. I don't understand why this will be different in TPS.

Cool Buddy,
(This was separate post but please include following when u meet USCIS reps)
I am in F1-OPT Extension which is valid for another one year. Now, H1B got picked up and approved which will be applicable from October. F1- visa expired but no worries, can travel after October after changing F1 to H1B.
Question:
1)Is there any benefit of filing TPS in this case?
2) If there is any benifit, Can my employer directly apply for GC when I am in TPS?
3) What will be my status if TPS expired (Assuming TPS will be granted after October,in that case I will have H1B before going to H1B )
4) If I file TPS once H1B starts in October and I want to call my wife, what will happen?
5) H1B starts in October, go Nepal, get H1B stamp with wife and come back with her and apply TPS. What will happen my wife's status as she was not here on 24th June(TPS apply criteria)

Coolbuddy,

Khate saala. You are providing misleading and bullshit information. Kutta tanne nepali ko perfect example.

Folks the information he provided does not apply at all. I talked to many lawyers who actually have handled TPS cases before. Applying for TPS doesn't automatically voids the previous status. Anyone can continue to maintain the previous status hence continuing both parallel.

Another lesson for you: TPS is not a non immigrant status.

@LAMPS bro !!
I will def. ask all the questions for H1b since thats my area as well.

@8848
no clue !
@roomrent
1) Not really
2) no clue..
3) since, I am in H1b right now I will let you know , whats the benefit of applying for TPS once I get full confirmation from uscis rep.
4) H1B can easily bring their wife on H4, why TPS ?
5) The bottom line is: I dont see any benefit so far for H1b to apply for TPS. We need to see if we can find any !!! Lets hope we have some side benefits :)

@Gwach....
LOL.
And thats the least thing I will do.
I am just providing info what USCIS rep. informed me. Believing it or not is your choice. Good Luck

TPS doesnot affect status in any way. Its like a protective cover around you.After TPS period is over, you revert to your old status provided that the status is valid.

@suraj2062
if that is the case, I will apply for TPS in Nov 2015 at that time I will be in H1B which is sponsored by Company A (now I am in OPT).When I will have approved tps,I will change employer B (H1B is employer specific). When TPS ends on Dec 2016, what will happen in that case? (I would already be in different employer B at that time and my H1B was sponsored by Company A).
Also, As I will be in H1B before applying for TPS in November and I will have my wife with me (H4), if I would be TPS granted, what will happen to her status as she was not here in June 24th which is requirement for TPS and every individual has to file TPS to get it.

roomrent,
I am in same boat like you for first part of your question:
"if that is the case, I will apply for TPS in Nov 2015 at that time I will be in H1B which is sponsored by Company A (now I am in OPT).When I will have approved tps,I will change employer B (H1B is employer specific). When TPS ends on Dec 2016, what will happen in that case? (I would already be in different employer B at that time and my H1B was sponsored by Company A)."

@GwaachKeta

Can you please provide me the contact info for lawyers who have handled TPS case before with whom you have talked with. Would be a  really great help.

Thank you so much.