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atomic
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Posted on 06-28-15 2:05
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I have just finished my masters last semester and have EAD; so basically I'm in OPT and looking for job. In this situation , what if I apply for TPS and what will happen to my status, how about EAD which I already have it and it expires next year of summer only. Anyone on same boat???
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ProblemSolver
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Posted on 06-28-15 3:18
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Hey Atomic, Since you have EAD till next summer, no problem, you will have to find job in your same area of study, if you use your EAD through OPT. And expires after 6 months or so. Consider this, with TPS EAD you will have additional 18 months, since you have deadline to file TPS by DEC 21, 2015, you can wait till then, and apply. If you get a job through OPT EAD then what, your employer need to file H1 next year and there is no guarantee that you will get picked up, good luck on that. With TPS EAD you can work anywhere, even outside your field of study, go and work in pizza place or work in FedEx, or any bank, uscis will not question you. now its your decision to apply or not. good luck, post me any question if you need clarification
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ProblemSolver
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Posted on 06-28-15 3:18
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Hey Atomic, Since you have EAD till next summer, no problem, you will have to find job in your same area of study, if you use your EAD through OPT. And expires after 6 months or so. Consider this, with TPS EAD you will have additional 18 months, since you have deadline to file TPS by DEC 21, 2015, you can wait till then, and apply. If you get a job through OPT EAD then what, your employer need to file H1 next year and there is no guarantee that you will get picked up, good luck on that. With TPS EAD you can work anywhere, even outside your field of study, go and work in pizza place or work in FedEx, or any bank, uscis will not question you. now its your decision to apply or not. good luck, post me any question if you need clarification
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Gorton Law
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Posted on 06-28-15 8:10
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I agree with @ProblemSolver. Getting TPS before the deadline will avoid the worry about applying for H-1B and hoping you win the lottery.
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ctaldigital
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Posted on 07-01-15 1:27
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@ProblemSolver, @atomic I am almost in the same boat, but I can have another 17 month STEM OPT extension. So what happens if I apply TPS and say TPS expires after 18 month. Can I get back in my extended OPT and start working again?
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nepsam
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Posted on 07-01-15 2:13
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Hi! I am in the same boat as well @ ctaldigital. I am in STEM field and received my OPT card a week ago. I have been looking for jobs. I want to file TPS but am unsure. Don't we have to return back if we don't get a job within 3 months of graduation? I have less than 2 months left. Also would TPS hamper getting H1-B if the company decides to sponsor? @problemsolver
Last edited: 01-Jul-15 02:14 PM
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atomic
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Posted on 07-01-15 2:17
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See! yes, I'm looking answer for that. I don't think I am the only student who is in same kinda boat. Now, we have not find the answer yet or may be we have not understood it. Like I said earlier , the only reason I am applying for TPS is with the hope of getting Travel Card as well as EAD and if else I am in 12 months OPT right now and can be extended for 17 more months.
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ctaldigital
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Posted on 07-01-15 2:49
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what do you guys say about this lawyers? Can you guys comment in same thread so that they will make it clear? http://www.avvo.com/legal-answers/can-opt-be-renewed-after-tps-expires--2249327.html?post_answer_id=5386142&post_id=1460214&utm_source=notification&utm_medium=email&utm_content=question_legal&utm_campaign=comment_notify
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samrock
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Posted on 07-01-15 6:01
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well, if you are granted TPS while you have 1 year OPT but yet to apply for 17 month extension.. then after TPS ends you can't apply for 17 month extension as our OPT status is already over. my understanding is.. you can have only 1 EAD that you can use to work.. if you are going to apply EAD from TPS.. then no matter when you apply your OPT EAD is going to be void.. its just my thought.. any thoughts..
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nepsam
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Posted on 07-02-15 11:16
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can we not apply for TPS only and just say no to EAD. I know we have to file for EAD along with TPS but I read we can say no to EAD. That way can we not keep our OPT? Also, will ending of TPS status affect the OPT extension? I thought we were allowed to extend 17 months for STEM field.
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ProblemSolver
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Posted on 07-02-15 11:49
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@ nepsam, yes you can just apply TPS. in I765 form which is EAD, you mention you don't need EAD from TPS, you don't have to pay $380 for EAD again. You can use your OPT/EAD. However, your OPT EAD will be allowed to work only in your field of study, if you are in engineering, and some banks want to hire you, then you can't work for bank. If you have TPS EAD you are allowed to work anywhere, no restriction. go and work in resturant/hotels in worst case. Since, it is difficult to get job in your own field after f*king Bachelor/masters, rest is yours.
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ctaldigital
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Posted on 07-02-15 11:54
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@ProblemSolver But if @nepsam does as you said i.e works in other field than his own major, he will no longer be maintaining his F1 status....so that mean when TPS expires (which can be before his 17 month STEM extension), he will be out of status...right? I don't see much usefulness from TPS to students in STEM.....or am I missing something here?
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ProblemSolver
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Posted on 07-02-15 12:10
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@ctaldigital, I am not sure what happens at the end of TPS, that we all need to watch and experience. As the TPS says, people will get the same legal status back once TPS ends. How true is that, I am not sure. To all OPT/EAD users, why don't you all go and take IT training and work in that field, almost 90% who graduate with STEM/non-STEM degree end up there. so, don't waste time, just apply TPS without EAD, use OPT/EAD work, get experience. IT job pays better than initial full time job, I have experienced.
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nepsam
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Posted on 07-02-15 3:25
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@ctadigital. You're right. I was wondering if its useful for students in STEM field especially when they have OPT. Also I wanted to confirm , with OPT do we have 3 months from graduation date to start a job or else we go out of status? Is that true? I am desperately trying applying to jobs but haven't been that successful and am very nervous. @problemsolver. I do understand where you are coming from but I really want to stick out in STEM field. I will see how it goes and take your suggestion. I can't be a burden on my parents. But they really want to see me in science.
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ProblemSolver
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Posted on 07-02-15 3:44
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@nepsam, what do you mean, your parents want to see you in Science, then do PhD, post Doc, and be scientist, then you will be in science. just having bachelor/master or even phd now a days means nothing. there is nothing in name and position in US, if it was in Nepal, your name and position matters. Here, money matters, the late you join IT you regret when you join. you can always go back to your field of studies, since you are worried within 90 days you need to report USCIS. what you gonna do at 91st day, only 5% of international students get job right out of graduation, if that's in engineering or programming, all sucks, or you need to know someone. haha!.... good luck buddy
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ctaldigital
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Posted on 07-02-15 3:53
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@nepsam 90 days restriction in OPT is right. But you can show that you are volunteering in one your professor lab in University and keep on looking for job. This is not a permanent solution though!
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BioMed
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Posted on 07-02-15 9:23
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TPS को बारेमा अधिवक्ता विनोद रोका सँग गरिएको कुराकानी सुन्नुहोस http://nepaliradio.org/2015/07/tps-binodroka/ I think TPS EAD is better than that from OPT. TPS is most likely extended after 18 moths (as seen in case of other countries; Haiti, El Salvador etc).
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ctaldigital
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Posted on 08-05-15 5:14
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Everything you wanted to know about TPS with relation to F1, H1 and OPT directly from a horse mouth: https://www.youtube.com/watch?v=K6e0BtBe4AU
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goodtogo
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Posted on 08-06-15 3:01
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Could you provide me her contact number (ctaldigital). I need to ask for consultation cause I have some important questions in my case.
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nepsam
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Posted on 08-06-15 1:16
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Thank you @ctaldigital. That video was very helpful. I am going to wait one more week and put in a request. Its a relief that we can go back to F1 status. Also I me and few other friends heard that after 90 days of OPT we have 60 days grace period. Is it true?
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