Hello sathiharu,

Hijo Rijal Law Firm ko TPS fro Nepal bare video conference sune anusaar F1 students le TPS lisakepachhi pani minimum credit liera enroll garnu parchha re if he/she wants to return back to the same status (F1) after TPS expires..? Is it TRUE? Maile ta TPS approve hune bittikkai F1 students le padhai chattakkai chhodera full time work garna paainchha bhanne thaneko thiye...please help me in this regard...

Thanks in advance...

@ a1b2c3

LOL. If you want to come back to the same status once TPS ends, follow all the requirements of that status under approved TPS. Forget about taking minimum credits, working more than 21 hours /week with that EAD will terminate your F-1 Status.
If you have your F-1 VISA valid for another 3/4 years and TPS ends with that period. You don't need to visit US consulate officer else I think to come back to your previous status you need to get a VISA with US consulate abroad. ( 45% sure but need full confirmation on this statement).

My suggestion would be: Apply for TPS, study and graduate as soon as possible. Find a job and apply for GC. You dont need to go thru H1B for GC and also TPS will be extended for another 4/5 years based on the history.

OR, if you think study is that hard; apply for TPS, work, make money, save money and with in few years open a business. :) Damn, TPS can make Nepalese a business man. :)

Good luck.

Thank you coolbuddy for your invaluable suggestion.

I am expecting more ideas from more people...

@coolbuddy
Please suggest me:
My conditions are:
1)for the time being, I meet criteria for TPS since I am staying here till the given date but as F2. # It means i can apply for TPS but won't get EAD since i am not allowed to work?
2) the second condition is, in the mean time i have applied to change my status from F2 to F1 and it's in process. Probably July ma confirm hola because if everything goes right, i'm will be taking classes from this Fall.

Now, i need suggestions for the following questions..
1. Can i apply for TPS after changing my status in to F1 which is yet to be approved? But will surely approved within two months. If yes, i am not thinking to apply EAD under TPS because you guys are saying it may create problem for the reinstatement later. I want to apply TPS only because i overheard that i can pay tuition fee as instate condition under TPS; and when i complete my study and if TPS got extended i'm thinking to apply TPS EAD later.

2) if i cannot apply TPS later after changing my status in to F1, im thinking to apply for TPS now (but my status is F2). So, my concern is, can i go college under TPS with F2 status? If i can study under this condition, can i apply for on campus job? What happens when TPS get terminated? I think i cannot apply for reinstatement later in this situation since i will be violating the rule as f2 are not allowed to work!

Plz suggest me!

@samikshya:

These are all my suggestions. (It depends on how far is your husband from getting GC)

Since, you already applied for F-1:

Plan A. Lets wait until its get approval. Remember,F-1 Nepalese student can show proof for economic hardships and be qualified for reduce course load, work more than 20 hours and all (Need to read those valid documents for economic hardship). So, you can continue as F-1 and graduate and apply for OPT EAD and GC. And, I guess you can come back to F-2 status anytime in future (Need full confirmation though if F-1 can go back to F-2). Most of the college provides instate tuition fee if you work 20 hrs on campus in specific field. (Ex. Tutor, working in Lab, Working in library and so on). Research on that university where you can find on campus job and provides instate tuition fee.

Plan B. Apply TPS and EAD. Once TPS gets approved, remember your F-2 status is terminated. ( I am 90% sure on this rumor but still need a full confirmation). TPS is likely to extend for another 18 months as history explains. So, you are safe until June, 2018 ( I am extending another 18 months of TPS, being positive here). During that time, if you husband can get job, H1b and file GC (i,e, he will be filing I-485 by that period). Now, you can adjust the status from USA.
If not, you will need to graduate by that time, find a job, apply for H1B , visit Nepal and come back on H1B visa. OR, once TPS ends, you need to leave the country and apply visa with US consulate whichever you qualified for and enter USA.

If I were you, I would apply TPS and receive all the benefits since you have somebody to take care for in US. If your husband gets H1B anytime in future, you can always visit nepal and come back as dependent (H-4) since approval rate for H1b dependents is high in our country.

Again, these are my suggestions and you can have your own.

Good luck !!!

If you want to work with TPS EAD anywhere any hours, your F1 will be no longer valid,

however if you don't want TPS EAD, then you can apply just TPS and be in F1. The purpose of just TPS is to save you from being out of status, if you cannot pay your tuition or you failed to pass your course.

@ProblemSolver.

I am little skeptical about approved TPS and can be in your original status if you didn't apply for EAD. I am thinking once TPS gets approved, your current status gets terminated.

Scenario: F-1 applies for TPS. Gets approved. His student VISA (Visa in passport) expires on Nov, 2016. One more assumption, TPS ends on Dec, 2016. What will be his status after Dec 2016, although he has fulfilled all the criteria as F-1.
Ans: F-1, I highly doubt it, coz he has an expired visa. What if having an I-20 and maintaining F-1 status is not sufficient to come back to original status. What if having a valid visa and maintaining F-1 requirements is must to come back to your original status?

These questions still exists for this scenario. Although, it mentions that, you can come back to original status in that notice, I am not sure its that easy.

My perception though !!! We still need to get a full confirmation before we apply for TPS and regret later on coz F-1 and H1b can maintain their status anytime in future without TPS and with expired visa.
Dependents, go for it coz you have got somebody as your back up.

PS: Just my thoughts !!! Do not take it at all if you think these info are misleading......

a1b2c3,

I believe you would have to maintain both status parallel with each other meaning you would have to take full hour of courses to maintain ur F1 status. But in the mean time you can work legally as many hours you want since you have the work permit. I completely disagree with the previous comments that you cannot work more than 20hrs. Thats a Bull. You can work without any restriction but you would have continue to enroll as a full time student.

In regards to the option of dropping out and coming back to the status. I think it totally depends on the communication that you have with the school. What I meant is you can directly talk to school DSO and explain your plan. Ask them, if they would allow you to drop out for now and later help you get reinstate back to F1. They may say that you would not come back to F-1 automatically but they would require you to file for re instatement(Form-I-539). Some school may help you some may not. These CPT crap shit schools wont help and say no for sure because they would lose money if they allow you to drop out or take less classes. But the good schools very well may allow you to do so.

There might be another option that you can ask them if you can lessen your credit hour requirement burden. For instance you can ask them if you can take 3 credit per semester and still continue the F-1 status. That way you can work more to utilize the EAD.

TPS normally keeps getting extended and looking into the past TPS has been extended for even decades for some countries. So you may be loosing a very long term benefit here if you choose not to apply. May be it is there for next 10 years even after you graduate. Who knows. So I think you shud apply, communicate with your DSO's and make the right decision. Thanks and gud luck

Gwaach

Thank you GwaachKeta for your precious information and suggestions.