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Filed: H-1B Visa Country: Canada
Timeline

We received an I-797C rejecting our I-131 application. A forgotten signature was easy to accommodate. Oops :(

However, the 797C also states that the fee is incorrect. The last paragraph of page 8 of I-131 instructions states that "...no fee is required to file a request for Advance Parole..." if you filed form I-485 and paid the I-485 application fee after July 2007. Are we missing something? Do we need to send in a check with the I-131 application even when filing with an AOS package?


Day 1: 03/24/2012 - Sent AOS package(I-130, I-485, I-765, I-131) to Chicago Lockbox via USPS Priority

Day 3: 03/26/2012 - Delivery confirmation via USPS Priority Delivery Confirmation

Day 12: 04/04/2012 - 3 Email notifications for I-797

Day 13: 04/05/2012 - 2 of 3 checks cashed

Day 17: 04/09/2012 - I-131 rejected due to signature and "missing" fee

Day 18: 04/10/2012 - Re-sent I-131 via USPS

Day 20: 04/12/2012 - I-131 Delivery confirmation

Day 20: 04/12/2012 - I-485, I-765 NOA

Day 21: 04/13/2012 - Biometrics notice received. Appointment scheduled for 4/30/2012

Day 36: 04/28/2012 - I-131 NOA

Day 38: 04/30/2012 - Biometrics appointment

Day 55: 05/17/2012 - Received RFE

Day 60: 05/22/2012 - USCIS received RFE

Day 61: 05/23/2012 - EAD card in production notice

Day 61: 05/23/2012 - Interview notice for 6/26/12

Day 94: 06/26/2012 - Interview and approval

Day 95: 06/27/2012 - Email notification of approval.

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Filed: Timeline

We received an I-797C rejecting our I-131 application. A forgotten signature was easy to accommodate. Oops :(

However, the 797C also states that the fee is incorrect. The last paragraph of page 8 of I-131 instructions states that "...no fee is required to file a request for Advance Parole..." if you filed form I-485 and paid the I-485 application fee after July 2007. Are we missing something? Do we need to send in a check with the I-131 application even when filing with an AOS package?

No you don't need to pay a fee for I-131 if you file it together with a I-485. Not sure if that was a mistake on USCIS's part. Perhaps because the I-131 was rejected, your I-131 might have gotten separated from your I-485. In this case, you should try to include a copy of the NOA1 from your I-485 application when you send the I-131 back in. This will connect the I-131 application to your I-485 and demonstrate that you are exempt from the fee.

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