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snowcat

EAD Renewal Rejected :(

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I'm waiting on my GC (which is taking forever) and my EAD/AP card combo is set to expire on September 18, 2018, so I applied for a renewal last May, around 120 days before expiry. Today, I received a rejection notice for the EAD (but the AP seems to be fine and is in process). Here are the reasons for rejection on my I-797C:

 

Quote

 

The payment amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the address listed on the bottom of this page.

 

The application/petition was filed on an outdated version of this form. Please resubmit your application/petition on the current version of this form with the appropriate fees to the address listed on the bottom of this page.

 

 

1st reason: I thought renewal of EAD requires no fees? That's what I read in VJ threads discussing EAD renewals... If there is now a fee does anyone here know what that fee is? I don't see anything in the form instructions, but will call the USCIS soon to ask as well.

 

2nd reason:  I used the same form I used for my first EAD application, and when I checked the USCIS website today, it's the exact same form that's still up there. Why tell me my form is not current?? For reference, this is the link USCIS has on their website today: https://www.uscis.gov/system/files_force/files/form/i-765.pdf?download=1 and attached is a pic of the form I sent... It looks the same to me, right??

 

I'm now just worried that I won't receive my EAD by the time my current combo card expires. That means that I'll be in the US without status? What do I do then? I'm getting really paranoid about this whole thing and would like to resolve it soon. Any advice helps, thank you!

 

 

 

IMG_4242.jpg

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6 minutes ago, snowcat said:

I'm waiting on my GC (which is taking forever) and my EAD/AP card combo is set to expire on September 18, 2018, so I applied for a renewal last May, around 120 days before expiry. Today, I received a rejection notice for the EAD (but the AP seems to be fine and is in process). Here are the reasons for rejection on my I-797C:

 

 

1st reason: I thought renewal of EAD requires no fees? That's what I read in VJ threads discussing EAD renewals... If there is now a fee does anyone here know what that fee is? I don't see anything in the form instructions, but will call the USCIS soon to ask as well.

 

2nd reason:  I used the same form I used for my first EAD application, and when I checked the USCIS website today, it's the exact same form that's still up there. Why tell me my form is not current?? For reference, this is the link USCIS has on their website today: https://www.uscis.gov/system/files_force/files/form/i-765.pdf?download=1 and attached is a pic of the form I sent... It looks the same to me, right??

 

I'm now just worried that I won't receive my EAD by the time my current combo card expires. That means that I'll be in the US without status? What do I do then? I'm getting really paranoid about this whole thing and would like to resolve it soon. Any advice helps, thank you!

 

 

 

IMG_4242.jpg

Sorry you are going through this....

 

yes, it's still fee waived under c(9) category.  But sometimes they overlook it..

 

Did you include your NOA-1 of I-485 pending along with your I-765/131 submission?... 

 

About outdated I-765 form.. It should be the same form you've submitted...Everything looks correct,... unless i'm missing something , so hope someone will correct me.

 

 I'd just re-sent the application again, with NOA1 of I-485 attached...

 

P.S. You won't be out of status if you don't have your I-765 renewed.  So, no worries here. But this is really a pain if you don'e have EAD while your I-485 pending - you can't work without that, renew your DL and stuff like that.... 

 

Once again I'm sorry your application got rejected - hopefully re-submission will get it sorted out!! 

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Posted (edited)

Agreed - I'm assuming you forgot to attach the I-485's receipt notice (NOA1). This is required for a renewal.

Or if you did include it, sometimes they make mistakes.

 

The current I-765 edition (lower right left corner - Whoops) is 07/17/17. Yours is 01/17/17...I didn't even know there was a 6 day gap between versions. I'm assuming that's not the issue, but I would make sure to include the latest (07/17/17) edition when you refile.

 

Your EAD is automatically extended for 180 days so long as you properly file before it expires: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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20 minutes ago, snowcat said:

I'm waiting on my GC (which is taking forever) and my EAD/AP card combo is set to expire on September 18, 2018, so I applied for a renewal last May, around 120 days before expiry. Today, I received a rejection notice for the EAD (but the AP seems to be fine and is in process). Here are the reasons for rejection on my I-797C:

 

 

1st reason: I thought renewal of EAD requires no fees? That's what I read in VJ threads discussing EAD renewals... If there is now a fee does anyone here know what that fee is? I don't see anything in the form instructions, but will call the USCIS soon to ask as well.

 

2nd reason:  I used the same form I used for my first EAD application, and when I checked the USCIS website today, it's the exact same form that's still up there. Why tell me my form is not current?? For reference, this is the link USCIS has on their website today: https://www.uscis.gov/system/files_force/files/form/i-765.pdf?download=1 and attached is a pic of the form I sent... It looks the same to me, right??

 

I'm now just worried that I won't receive my EAD by the time my current combo card expires. That means that I'll be in the US without status? What do I do then? I'm getting really paranoid about this whole thing and would like to resolve it soon. Any advice helps, thank you!

 

 

 

IMG_4242.jpg

Pending I-485 the fee is waived.

 

I notice you said you applied in May??? The forms you are showing expired Feb 2018.

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Posted (edited)
1 minute ago, bad4tatt said:

I notice you said you applied in May??? The forms you are showing expired Feb 2018.

That's the OMB expiration date for comment. It has nothing to do with the expiration of the form for applicant/USCIS use.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, Ksenia_O said:

Sorry you are going through this....

 

yes, it's still fee waived under c(9) category.  But sometimes they overlook it..

 

Did you include your NOA-1 of I-485 pending along with your I-765/131 submission?... 

 

About outdated I-765 form.. It should be the same form you've submitted...Everything looks correct,... unless i'm missing something , so hope someone will correct me.

 

 I'd just re-sent the application again, with NOA1 of I-485 attached...

 

P.S. You won't be out of status if you don't have your I-765 renewed.  So, no worries here. But this is really a pain if you don'e have EAD while your I-485 pending - you can't work without that, renew your DL and stuff like that.... 

 

Once again I'm sorry your application got rejected - hopefully re-submission will get it sorted out!! 

Thank you! 

 

Regarding waived fee: that's what I thought! I even checked the instructions on USCIS website for the EAD application and it says this:
 

Quote

 

Renewal EAD. If this is a renewal application and you are applying under one of the following categories, a filing fee is not required:

1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;

2. (a)(10) Granted Withholding of Deportation;

3. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel; or

4. (c)(9) or (c)(16) Adjustment applicant who applied after July 30, 2007.

 

So I don't understand why they rejected it! 

 

And yes, I included the NOA-1 for I-485 in my package. This is the check-list I followed for my packet:

 

 EAD Cover Letter

- G-1145 Form for E-notification of Application/Petition Acceptance

- I-765 - Application for Employment Authorization

- 2 passport photos

- Copy of I-94 Arrival/Departure record

- Copy of current Employment Authorization Document Card (front and back)

- Copy of I-797C, Notice of Action for the I-485

- Copy of passport biographical details page

- Photocopy of "tear-off" portion sheet provided with original EAD (the page with the 3 bar codes on it)

 

 

Do you think it was a mistake on their part? I am on the phone now waiting to talk to someone at the USCIS.

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5 minutes ago, geowrian said:

 

The current I-765 edition (lower right corner) is 07/17/17. Yours is 01/17/17...I didn't even know there was a 6 day gap between versions. I'm assuming that's not the issue, but I would make sure to include the latest (07/17/17) edition when you refile.

 

 

That's a 6 month gap, not 6 days....

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5 minutes ago, geowrian said:

Agreed - I'm assuming you forgot to attach the I-485's receipt notice (NOA1). This is required for a renewal.

Or if you did include it, sometimes they make mistakes.

 

The current I-765 edition (lower right corner) is 07/17/17. Yours is 01/17/17...I didn't even know there was a 6 day gap between versions. I'm assuming that's not the issue, but I would make sure to include the latest (07/17/17) edition when you refile.

 

Your EAD is automatically extended for 180 days so long as you properly file before it expires: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

Thanks for weighing in, geowrian. I did attach a copy of my I-485 NOA1, should I have attached the original?? I didn't want to give the original as I may need it for something else. 

 

I'll make sure to use whatever form is current and up on the USCIS website when I refile. I'm just hoping this is a non-issue and I receive my renewed EAD/AP combo before my current one expires.

 

It's a relief that my EAD is automatically extended 180 days after I file. I was worried I'd have to be shipped back to the Philippines and be in a long distance relationship with my husband again!!! 

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2 minutes ago, geowrian said:

 

 

The current I-765 edition (lower right corner) is 07/17/17. Yours is 01/17/17...I didn't even know there was a 6 day gap between versions. I'm assuming that's not the issue, but I would make sure to include the latest (07/17/17) edition when you refile.

 

Your EAD is automatically extended for 180 days so long as you properly file before it expires: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

I've overlooked lower right corner - thank you  for correction, geowrian!

 

Would never think 6 days would make  a difference... But this is USCIS, so yes, it could've been a reason of rejection as well.... 

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Posted (edited)
7 minutes ago, jskibo said:

That's a 6 month gap, not 6 days....

6 minutes ago, Ksenia_O said:

I've overlooked lower right corner - thank you  for correction, geowrian!

 

Would never think 6 days would make  a difference... But this is USCIS, so yes, it could've been a reason of rejection as well.... 

Ahahaha nice catch! Yeah, that is 6 months, not 6 days. I've been looking at too many foreign documents lately (dd/mm/yyyy formatted)... :whistle:

Six months is much more likely to be an issue. That explains it.

 

6 minutes ago, snowcat said:

Thanks for weighing in, geowrian. I did attach a copy of my I-485 NOA1, should I have attached the original?? I didn't want to give the original as I may need it for something else. 

 

I'll make sure to use whatever form is current and up on the USCIS website when I refile. I'm just hoping this is a non-issue and I receive my renewed EAD/AP combo before my current one expires.

 

It's a relief that my EAD is automatically extended 180 days after I file. I was worried I'd have to be shipped back to the Philippines and be in a long distance relationship with my husband again!!! 

The copy is fine. They likely either 1) missed it, or 2) used a generic refusal letter and the real reason is the outdated form (by 6 months, not 6 days as appropriately noted above).

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, Ksenia_O said:

I've overlooked lower right corner - thank you  for correction, geowrian!

 

Would never think 6 days would make  a difference... But this is USCIS, so yes, it could've been a reason of rejection as well.... 

Wow, so I got rejected because my form isn't the current edition? Even if the entire form is exactly the same, except for that date on the lower right??? Haha damn the USCIS is a pain sometimes......

 

When I called though, the only reason the automated voice told me was that I didn't file the fee (no mention of the non-updated form). So I'm thinking it was really a mistake on their part? Idk...

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Posted (edited)
15 minutes ago, snowcat said:

Thanks for weighing in, geowrian. I did attach a copy of my I-485 NOA1, should I have attached the original?? I didn't want to give the original as I may need it for something else. 

 

I'll make sure to use whatever form is current and up on the USCIS website when I refile. I'm just hoping this is a non-issue and I receive my renewed EAD/AP combo before my current one expires.

 

It's a relief that my EAD is automatically extended 180 days after I file. I was worried I'd have to be shipped back to the Philippines and be in a long distance relationship with my husband again!!! 

Don't send original unless you've been specifically asked for that by USCIS. So, attach a copy (again) of your I-485 and fill out up-dated I-765 form. You should be fine this time :)

Good luck!!!!

 

P.S. geowrian and jskibo    - thank you, guys, again So glad you "cought" there is an up-dated I-765 form! 

Edited by Ksenia_O

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1 minute ago, Ksenia_O said:

Don't send original unless you've been specifically asked for that by USCIS. So, attach a copy (again) of your I-485 and fill out up-dated I-765 form. You should be fine this time :)

Good luck!!!!

 

P.S. geowrian and jskibo    - thank you, guys, again So glad you "ought" there is an up-dated I-765 form! 

Ok I will refile today with the same documents except with the updated I-765 form.

 

Should I mention in my cover letter that in my understanding there is NO FEE for renewal for c(9) applicants, and then attach a copy of the instructions page with that detail highlighted? I just want to make sure they don't reject me again!! 

 

Thanks for all your help guys, this is all making me feel better about the situation. 

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@snowcat

This happened to me too! I attached everything when I submitted for the renewal and I guess they just ignored it. I was so angry :S

Do we have to re-submit it or they can just re-process our application?

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