1. International Student- Using TPS Work Permit to Do Paid Summer Internship, Is It Okay?
My brother is an international student from Nepal. He recently got his TPS and he is trying to use the TPS work permit to do some paid Internship in Summer related with his studies. I have some concerns: a) Should he do that, what will be your recommendation? b) How it will impact him once the TPS expires next year. c) Just want to make sure with Legal professional that he is not doing something that can cause Immigration problem for him in future?
Mr. Lee Answers:
If your brother is an international student holding valid status as a student, his work under a TPS work permit would be violative of his student status even if authorized by U.S.C.I.S. in my opinion. He could have another option to perhaps obtain curriculum practical training or pre-completion practical training from the institution to work in his paid internship as you say that it is related to his schooling. I encourage him to discuss the matter with the designated school official (DSO).
2. Do I Have A 60-Day Grace Period After My Job Ends Early?
I am an H1-B visa holder. My job here in the US was supposed to last three years but my employer informed me in April 2019 that my position will end on 30 July 2019 (a full two years early). Will I have until the end of September to leave the USA?
Mr. Lee Answers:
You would have a 60 day grace period to leave the United States given the fact that the employer would have ended your job a full 2 years before the ending date of your H-1B petition. U.S.C.I.S. believes that under the circumstances, you can use the time to find another position, change status, or leave the U. S.
3. Immigration – Two Cases
I came in US on J1 visa and applied for religious asylum, I got my work permit and I have SSN. But then I met my boyfriend and first we were friends but later on it became more than that. Day by day with him and I started to change my religious views. I realized that that religion is not good. We want to get married but we both don’t know what is the best option because I cannot be in two processes at the same time. What do you suggest to me?
Mr. Lee Answers:
At a 2017 meeting of the New York American Immigration Lawyers Association chapter with the New York City District Director and chief of staff, a member of the audience suggested a solution to a situation like yours – that you request the asylum office to put your case on hold while pursuing an adjustment of status application based upon marriage. You could also request the asylum office to cancel your case. I assume that your boyfriend is a U. S. citizen and that your religious asylum case is pending with U.S.C.I.S. and not in the immigration court. If either of these 2 situations exists, my answer may be different.
