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 H1->TPS->Travel Nepal->Getting Married->Bring Wife

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Posted on 09-13-15 4:17 PM     Reply [Subscribe]
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I have been following TPS threads since long but I am not getting the answer of my situation. In fact, this is the situation of 3 of my friends too who also tried to get the answer but not concrete answer yet.
I even tried to get info from Khagendra GC's law form, Adhikar NY, Rijal law firm but non of them have concrete answers. It may be becoz I always get in touch with people who works there not the attorney though I tried to speak to Attorney.
Situation is as below:
H1 starts in October (Now in OPT). Planning to go to Nepal in November-December, get married and come back with wife. I know if I dont want to bring wife, even if I apply TPS, I am good using Advance parole .
1) But, If I apply for TPS (Its already september, not sure I can get approval by the end of November), maintains H1B and go to Nepal in November-December, Do I need to appear for Visa interview along with wife?
2) If I dont need to appear, Can she appear for H4 as my H1 will be active though I will have tps too?
3) What would be the best solution in this scenario?
4) Is someone in same boat? (I know I have other 3 friends in same) and already applied for tps?
Really appreciate for your genuine answers.
 
Posted on 09-14-15 8:37 AM     [Snapshot: 526]     Reply [Subscribe]
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@Sajha keto

I am in H1-B and applied for TPS and got it approved. In the mean time after applying for TPS I changed my employer through H1 transfer too.
These are two separate route and I believe that it should not affect each other. The bottom line is maintain your H1b despite having TPS and you should be good.
 
Posted on 09-14-15 8:41 AM     [Snapshot: 532]     Reply [Subscribe]
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With H1b, when you travel, wil you use your nepali passport or the travel document? With tps, it says to travel you have to apply for travel document.
 
Posted on 09-14-15 2:17 PM     [Snapshot: 671]     Reply [Subscribe]
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I think We use passport. but if stamping is rejected, We can use travel document thats why we take it as backup.
 
Posted on 09-14-15 3:14 PM     [Snapshot: 721]     Reply [Subscribe]
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An individual granted TPS must remain continuously physically present in the United States. The grant of TPS status does not mean that you have permission to travel abroad, though permission to travel may be granted by the district director in accordance with the advance parole regulations. There is no appeal to a denial of advance parole. Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS and/or the institution or re-calendaring of removal proceedings. For more information, please see How Do I Get a Travel Document?
 
Posted on 09-14-15 3:16 PM     [Snapshot: 722]     Reply [Subscribe]
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So, if we travel on passport, tps is cancelled automatically??
 



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