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npli_girl
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Posted on 06-24-15 4:08
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Hello guys, Can you guys please share your knowledge on using TPS EAD by H4 dependents? I know we can apply TPS EAD and work till December 2016 but I am little bit worried what will be the status after the end of the TPS. I think after using TPS EAD, the H4 dependent status is not maintained (because H4 can not work) and at the end of the TPS, H4 dependent may need to go back to the home country and apply H4 again and come back. Please share your input! Thanks!
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damauli_guy
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Posted on 06-25-15 12:56
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You can work using your TPS-EAD and if your Spouse has maintained H1B when TPS ended, you will be back to H4 if you were H4 when you filed TPS.
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collegefootballrocks
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Posted on 06-25-15 7:48
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F2 and H4 cannot work legally.
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nepali8
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Posted on 06-25-15 8:15
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Hi All, @collegefootballrocks, Please provide any good source where " F2 and H4" can not work? Please go thro the below link. https://supportkind.org/wp-content/uploads/2015/04/Chapter-9-Temporary-Protected-Status-TPS.pdf again, this is just a source.. I cannot be assure you 100% whether " F2 and H4 can work or not "? Need to make sure with USCIS or Immigration lawyer.
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damauli_guy
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Posted on 06-25-15 8:17
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If you file for TPS EAD and get approved any visa status can work. Thats the whole purpose of this.
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Jhorley
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Posted on 06-25-15 8:30
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collegefootballrocks, check tis out: Link: http://www.uscis.gov/news/employment-authorization-certain-h-4-dependent-spouses-final-rule-effect-today-may-26-2015 Employment Authorization for Certain H-4 Dependent Spouses Final Rule in Effect Today, May 26, 2015 Certain H-4 dependent spouses may now apply for employment authorization under the H-4 rule. On February 24, 2015, USCIS announced that effective today, May 26, 2015, the Department of Homeland Security (DHS) would begin accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. Starting today, you may apply for employment authorization under this rule if your H-1B nonimmigrant spouse: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). AC21 permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status. For more information on applying for employment authorization under the H-4 rule, please visit the Employment Authorization for Certain H-4 Dependent Spouses Web page and the list of Frequently Asked Questions that we have compiled since we announced the H-4 rule in February. Last Reviewed/Updated: 05/26/2015
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collegefootballrocks
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Posted on 06-25-15 8:33
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Jhorley, That is completely different thing. That is for those whose spouse has been approved the labor certification and has filed for I-140. But, I am not sure about TPS thing. So confusing. Suneko kuro bhaneko matra ho....
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ohio
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Posted on 06-25-15 8:42
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Below is the information I found for Designation of Syria for Temporary Protected Status March 29, 2012 as a reference. Question: If an H-1B nonimmigrant obtains an EAD based on his or her TPS, can he or she continue to maintain his or her H-1B nonimmigrant status? Answer: A TPS beneficiary is granted an “open market employment” EAD. This means that the EAD gives him or her unrestricted access to employment in the United States. The fact that an H-1B nonimmigrant is granted this type of an EAD does not cause the alien to violate his or her nonimmigrant status, if he or she continues to act in accordance with the requirements of his or her approved H-1B nonimmigrant petition. However, the nonimmigrant will violate his or her H-1B status if s/he uses the EAD to engage in employment for a separate employer and leaves the employer listed on the approved I-129 petition. http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/March%202012/TPS_Syria_QAs_03-29-12.pdf
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