Saaney Gurung
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Risk with legal status? Suggestions Please
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Saaney Gurung.
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Posted on 11-25-15 10:13
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My extended OPT will expire on June 29, 2016 and my employer has just initiated the process for EB2. I am hoping the labor certification will be approved by OPT expiration. I really have no desire left to go back to school to just maintain my status nor do I have enough patience and appetite left at this moment to go H1B route (it is a direct EB2 without H1B in consultation with company immigration attorney). I am thinking of applying for TPS soon and not going back to school once my OPT expires. I will go back to school if TPS is not extended beyond 2016. Also, I am thinking of going back to Nepal in 2016 using TPS advance parole. So, if I decide not to go back to school after my OPT expiration will my legal status create problem at port of entry while returning back from Nepal after June 2016. What will be my status between July-Dec 2016? Also, how long one can stay back at Nepal on advance parole? Sabhai sujhab haru ko lagi agrim dhanyabaad.
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furke
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Posted on 11-25-15 10:20
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Your status between July-Dec 2016 will be Temporary Protected Status. You get AP issued with a validity period of 1 year and can stay up to 90 days in a single visit. Generally it won't be any problem at POE. You will be taken to secondary screening and asked questions but you will not be denied entry because you will meet admissibility requirements.
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