EB3

[susmarokka077@gma 0]

 I enter USA though F1 satus. While, transferring from university to community college,

my sevis got terminated. After 175 days of sevis termination, I apply for tps. Now I am working on TPS status. 

Apply for I-140 though work, can I be eligible to apply i-485. My attorney is saying uscis will count from the day the class start not from sevis terminated day. if they count from start day of the class, it more 180 days .what will be the suggestion on this case.

[Chancy 6,243]

*** Moved from AOS Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

[wagecuck3 31]

On 10/6/2021 at 4:18 PM, susmarokka077@gma said:

 I enter USA though F1 satus. While, transferring from university to community college,

my sevis got terminated. After 175 days of sevis termination, I apply for tps. Now I am working on TPS status. 

Apply for I-140 though work, can I be eligible to apply i-485. My attorney is saying uscis will count from the day the class start not from sevis terminated day. if they count from start day of the class, it more 180 days .what will be the suggestion on this case.

Are you saying that you transferred schools without following the required procedures to transfer schools in F-1 status?

 

If that is the case, then your attorney is correct. You violated your status when you began studying at the second school, and if you have violated status for more than 180 days, you won't be eligible for adjustment of status as an employment-based immigrant.

 

While there's no precedent that directly addresses your situation, I believe (after reviewing the reasoning from Matter of Z-R-Z-C) that USCIS will not allow you to apply for adjustment even if you leave the US and then re-enter using your TPS-based Advance Parole document. Your lawyer probably would have suggested this option if they believed that it was viable.

 

Therefore, I think that if you want to obtain a green card, you will have to do one of the following:

• Leave the US and obtain an immigrant visa at a consulate before returning to the US.
• Leave the US and obtain a nonimmigrant visa to return to the US (this would probably have to be an H-1, L, or O visa, otherwise it will probably be denied). Return to the US using the nonimmigrant visa, and then apply for adjustment of status.