As the U.S. government ends Temporary Protected Status (TPS) for Nepal on August 5, 2025, thousands of Nepali nationals currently living in the U.S. under TPS are exploring legal ways to remain here. One potential option is to change status from TPS to an F-1 student visa.
But this move comes with significant legal, procedural, and timing challenges. In this blog, we’ll break down the pros and cons of making that switch and what Nepali TPS holders should keep in mind.
Option 1: Change of Status Inside the U.S. (Form I-539)
This allows you to stay in the U.S. while applying to become a student, without needing to leave the country.
Pros:
- You don’t need to leave the U.S., so there’s no risk of triggering reentry bars.
- You can keep living and working (if your TPS EAD is valid) while the application is pending.
- USCIS now offers premium processing for student visa status changes—fast decisions in 30 days.
- No need to file “bridge” status applications anymore (such as B-2 visas between TPS and school start dates).
Cons:
- If you file after TPS ends, your application could be denied—you must act before August 5, 2025.
- If USCIS denies your request after TPS ends, you’ll immediately be out of status.
- F-1 visas have strict work rules—you can’t keep working unless authorized by your school.
- You must not begin classes until the F-1 status is approved.
Option 2: Apply for an F-1 Visa Abroad (Consular Processing)
This involves leaving the U.S., applying for an F-1 visa at the U.S. Embassy in Kathmandu (or elsewhere), and re-entering the U.S. as a student.
Pros:
- May be faster in some cases if you can get a visa interview appointment quickly.
- Good option for those who missed the TPS deadline or whose change-of-status was denied.
Cons:
- If you accumulated unlawful presence before TPS, leaving the U.S. could trigger a 3- or 10-year bar.
- You must prove you don’t intend to stay in the U.S. permanently—this is hard after living here for years.
- Visa officers can deny your application under Section 214(b) if they think you want to immigrate.
- If denied, you might not be able to come back—even if your TPS was still valid.
- You need a solid plan to return to Nepal temporarily and strong documentation of ties to Nepal.
Common Mistakes to Avoid
- Waiting too long to file. File your change of status before TPS expires.
- Traveling abroad while your change-of-status is pending—this automatically cancels your application.
- Assuming F-1 guarantees a path to a green card—it doesn’t. It’s a temporary status.
- Not working with your school’s Designated School Official (DSO) to ensure your Form I-20 matches timelines.
- Not maintaining TPS compliance (including re-registration) while your change-of-status is under review.
Final Thoughts
At Ahluwalia Law Offices, we’ve been advising many Nepali TPS holders on whether to pursue an F-1 visa as a bridge to stay in the U.S. legally. For some, it can work—but it is not one-size-fits-all.
If you are considering this option:
- Talk to a lawyer to review your immigration history, especially prior overstays.
- Work with your school to align your I-20 start date with the change-of-status timeline.
- Consider premium processing to avoid uncertainty after TPS ends.
- Avoid consular processing if you have ANY prior overstays.
Let us help you map out the safest path forward. With TPS ending soon, the time to act is now.
