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 EB3 filing with TPS
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Posted on 12-15-22 9:25 PM     Reply [Subscribe]
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My employer is ready to file me for EB3 . I have TPS but while ago I am out of status for more than 180 days. Please give me advice will I be able to file EB3? or there is no way to do it?
Please share any information you have guys?........Thanks in Advance........

Posted on 12-16-22 1:21 AM     [Snapshot: 58]     Reply [Subscribe]
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You may qualify to adjust status with an Employment-Based Exemption under INA 245(k). But this exemption will not apply if you haven’t traveled since your last unlawful stay of more than 180 days. But you can travel on TPS AP and apply after 180 days and qualify for this exemption. Travel on AP comes with risks of being rejected entry since you were unlawfully present before.

This is not a legal advice. Consult an immigration attorney. These matters are much more complicated than they seem.

Posted on 12-16-22 6:38 AM     [Snapshot: 102]     Reply [Subscribe]
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@Galactus, Thank you for your information.
Posted on 12-16-22 9:35 AM     [Snapshot: 143]     Reply [Subscribe]
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Well, I am not an immigration expert either, but just try to pitch in some two cents here and there. When Galactus said that Travel on AP comes with risks of being rejected entry due to your one's prior unlawful status, I would put it this way. I understand AP is something like a protected mean to travel back and forth regardless of your status quo. But what have been your moral character and your background history do play big roles in you being able to pass the POE without any hassles. I have seen quite a few cases here around me when people with no prior lawful status passing that check with no hiccups. Some were here without legal status for more than 10 years and they went to Nepal on TPS after so many years (can just imagine their pain!) and made it back safely. It was risky to think about it but they made it through.
Only thing I would say to people is 'Keep the faith', because if you have stayed clean in records (no crimes, no federal offenses, or no misconduct that ended up in court/ police etc.) then there is a "hope" that things would turn up great for you.
I do not know if this below case provides you some hope, please do visit:

Posted on 12-16-22 9:49 AM     [Snapshot: 150]     Reply [Subscribe]
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Just want to add something:
Talking about crimes, misdemeanor, etc. usually Nepalese people are docile and harmless in many ways in foreign land, but even I was shocked when I came to know that there are many Nepalese in jails in America for one reason or the other. Even in Boston itself, there have been many situations when Nepalese got highlighted in national media for their misconduct. Some I recall were a person in student visa driving Uber and raping a drunk girl in night, (that whole episode was so embarrassing watch on TV!!) There was this another case I saw was a Nepalese guy involved in drug dealing and then getting arrested after a lot of chasing and all. I heard he was all living his American dream buying all Gucci and Prada until he got busted. There was this another doctor involved in sex crimes with kids. How can we forget Kaushal Niraula from St.Xavier's and finally getting killed by inmate. And a lot more...It is shameful to even recount these stories..but you know what I mean. If you have such encounters with law in US, then you should forget about coming back in AP. Better stay back!

Posted on 12-16-22 11:19 AM     [Snapshot: 189]     Reply [Subscribe]
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@Bennedict, thank you for your information. As you said I don't have any of those issues but @Galactus provide me link of USCIS on first comment which looks might be useful.
thanks a lot for your suggestions guys.
Posted on 12-16-22 3:36 PM     [Snapshot: 251]     Reply [Subscribe]
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Bennedict is 10000 percent right .

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