TPS_APPLIED
Replies to this thread:

More by TPS_APPLIED
What people are reading
Subscribers
:: Subscribe
Back to: Immigration Refresh page to view new replies
 TPS to Green Card
[VIEWED 8125 TIMES]
SAVE! for ease of future access.
Posted on 07-05-16 9:30 PM     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Here is my situation:
Now that I have my labor(for GC) approved and have filed my I-140 premium, my lawyer tells me that my I-485 (COS) can get rejected because I violated my F-1 status by working on CPT during the first year of my grad school. Have any of you heard about this before?


 
Posted on 07-05-16 9:45 PM     [Snapshot: 16]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

When you applied for CPT during the first year of grad school, your school was the one who granted you approval. You did not accept any illegal employment. Hence, I do not think what your lawyer is saying here makes any sense. But, what do I know?

Good luck bro!!
 
Posted on 07-06-16 11:25 AM     [Snapshot: 202]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Guys just curious..In this scenario what are the other options we have if the I-485 change of status gets denied? No TPS filled. Just working on H1B since 2014.
 
Posted on 07-06-16 7:12 PM     [Snapshot: 341]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

@fromnepal, if your I-485 gets denied then you can file an appeal to review the application called motion to reopen. Regarding what happens to your H1B, here is a link
http://www.trackitt.com/usa-discussion-forums/i485-eb/1061380809/if-i-485-denied-then-h1b-is-not-valid

 
Posted on 07-07-16 11:03 PM     [Snapshot: 550]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

This is what I found in USCIS website.



 
Posted on 07-08-16 9:17 AM     [Snapshot: 636]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

while working on CPT, you are not voilating the F1 status and you are legally working under status.

If I-485 is denied, and your H1B is still valid, you can file for MTR that will take sometime to resolve the issue however chances of approval rate is low. During that time, if your H1B is in first 3 years, you can extend for another 3 years or if you H1B is in last 6th year, you can extend for another 1 more year to remain in status (You did not mention about your H1B status in detail, so I am assuming you have valid H1B). If your H1B is expired or going to expire and can not extend, then COS to F1 (join university).
If you want to continue with MTR, you can still work with EAD renew until your case is decided and in this case, you still have to maintain your H1B otherwise you will in Authorized Stay (AS) and the moment your I-485 is denied in MTR, you will be out of status from the date your first I-845 denial letter. So, consult a good immigration lawyer or ask your lawyer who filed GC for you for plan B.
 
Posted on 07-08-16 9:39 AM     [Snapshot: 656]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Did the lawyer say how you have violated your F1 by working on CPT?

While just working on CPT does not violate F1, there was many ways to violate it. For example, not being full time student.

Anyway, there should be an I-20 or documentation that the CPT was approved.
 
Posted on 07-08-16 4:55 PM     [Snapshot: 791]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

As long as you didn't work before or after the date printed in your I-20 approved for CPT, there shouldn't be any problem. Looks like you have worked on CPT full time for more than 365 days. That would have disqualified you from getting OPT. And, looks like you have been working on TPS EAD this whole time, so shouldn't be a problem. I am in the similar boat as well. I worked on CPT on my last semester and then on OPT till my H1 got approved. My lawyer has not said anything to me so far. We are going to apply for my I485 now.
 


Please Log in! to be able to reply! If you don't have a login, please register here.

YOU CAN ALSO



IN ORDER TO POST!




Within last 90 days
Recommended Popular Threads Controvertial Threads
TPS Re-registration case still pending ..
Toilet paper or water?
From Trump “I will revoke TPS, and deport them back to their country.”
Tourist Visa - Seeking Suggestions and Guidance
advanced parole
Sajha Poll: Who is your favorite Nepali actress?
ढ्याउ गर्दा दसैँको खसी गनाउच
To Sajha admin
Problems of Nepalese students in US
अरुणिमाले दोस्रो पोई भेट्टाइछिन्
Mamta kafle bhatt is still missing
Nepali Passport Renewal
seriously, when applying for tech jobs in TPS, what you guys say when they ask if you have green card?
Are Nepalese cheapstakes?
Nepali Psycho
MAGA denaturalization proposal!!
How to Retrieve a Copy of Domestic Violence Complaint???
wanna be ruled by stupid or an Idiot ?
NOTE: The opinions here represent the opinions of the individual posters, and not of Sajha.com. It is not possible for sajha.com to monitor all the postings, since sajha.com merely seeks to provide a cyber location for discussing ideas and concerns related to Nepal and the Nepalis. Please send an email to admin@sajha.com using a valid email address if you want any posting to be considered for deletion. Your request will be handled on a one to one basis. Sajha.com is a service please don't abuse it. - Thanks.

Sajha.com Privacy Policy

Like us in Facebook!

↑ Back to Top
free counters