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I have a question regarding TPS which was recently appointed to Nepal/ OPT start date June 11. Should I apply for TPS?

5 views 3 answers
I recently got EAD card via F1 status and I am confused whether or not I should apply for TPS with the following questions on mind: 1. Do I become OUT OF STATUS if I get TPS EAD and they don't extend. Can I come back to F1 status easily? What are the processes? 2. What happens to my EAD card from F1 status or Do I get a different EAD card for TPS? Thank you DS

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
1. No, you will not "fall out of status" if you were in valid F-1 "OPT" EAD status when you applied for TPS. The time you spend on TPS will not be counted as "unlawful presence". You will be able to "revert" (understand "come back" to F-1 status in case "they don't extend" your TPS, BUT ONLY IF you will still be in valid F-1 status when something like that happens. 2. No need apply for a TPS based EAD if already got one approved for "OPT".
0 upvotes
Wael AhmadImmigration AttorneyLexington, KY ·
TPS does not replace your current nonimmigrant status - it just supplements it and allows you to work during its duration. If TPS ends you can return to nonimmigrant status if you otherwise eligible. Yes, with TPS you can get an 18 month EAD with a different category code.
0 upvotes

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