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alex0515

FILING FOR I-765 AFTER HAVE ALREADY SENT AOS PACKAGE

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Greetings!!



It is my first post but I am a bit worried that I have made a mistake.



I filed for AOS in June 2016, when I sent the package I did not include the I-765 as I already have EAD through my OPT which expires February 2017. While waiting for the process I received an RFE which I responded, understanding that it will delay the process.


  1. I was wondering if I was to file for I-765 now separately with it delay the process even more?
  2. Will I need pay the fee as filed separately or is it still included with my I-485 fee?
  3. Are there any employment terms difference if working through OPT EAD vs EAD through AOS?


Thanks!!


Aleks


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Greetings!!

It is my first post but I am a bit worried that I have made a mistake.

I filed for AOS in June 2016, when I sent the package I did not include the I-765 as I already have EAD through my OPT which expires February 2017. While waiting for the process I received an RFE which I responded, understanding that it will delay the process.

  1. I was wondering if I was to file for I-765 now separately with it delay the process even more?
  2. Will I need pay the fee as filed separately or is it still included with my I-485 fee?
  3. Are there any employment terms difference if working through OPT EAD vs EAD through AOS?

Thanks!!

Aleks

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Hello! I wanted to take the time to quickly answer your inquiries regarding your recent filing with USCIS. I'll answer your questions the same way you had them numbered in the post.

1. If you filed the adjustment packet in June and are filing the I-765 now, no, it should not delay the adjustment process. The I-765 application takes an estimated 90 days to process and the AOS application will sill take longer than that, starting from now. (Question: did you file for AOS based on family/marriage?)

2. There is no filing fee for the I-765 when filing based on concurrent or pending AOS - HOWEVER - because you didn't file them together, you would've wanted to have gotten the receipt for the I-485 and attached a copy of it to the I-765 to keep it from being rejected as proof of what you were filing it based on.

3. There are stricter employment terms when working on OPT vs. when working on an EAD based on AOS. If you have specific questions regarding your employment terms based on OPT, you should contact your designated school official.

If you have further questions regarding your case, please contact me. I worked for USCIS for 10 years until just recently.

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EAD Applicants Who Have Filed for Adjustment of Status

Adjustment Applicant--©(9).

File Form I-765 with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence or Adjust Status, is pending. You may file Form I-765 together with your Form I-485.

Note:

You may File Form I-795, Application for Employment Authorization and/or a Form I-131, Application for Travel Document, without fee, if you filed Form I-485 and you pay its required fee. You may file these forms together with the Form I-485. If you choose to file Form I-765 and/or Form I-131 separately, you must

also submit a copy of your I-797C, Notice of Action, receipt as evidence of filing and paying for Form I-485.

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Hello! I wanted to take the time to quickly answer your inquiries regarding your recent filing with USCIS. I'll answer your questions the same way you had them numbered in the post.

1. If you filed the adjustment packet in June and are filing the I-765 now, no, it should not delay the adjustment process. The I-765 application takes an estimated 90 days to process and the AOS application will sill take longer than that, starting from now. (Question: did you file for AOS based on family/marriage?)

2. There is no filing fee for the I-765 when filing based on concurrent or pending AOS - HOWEVER - because you didn't file them together, you would've wanted to have gotten the receipt for the I-485 and attached a copy of it to the I-765 to keep it from being rejected as proof of what you were filing it based on.

3. There are stricter employment terms when working on OPT vs. when working on an EAD based on AOS. If you have specific questions regarding your employment terms based on OPT, you should contact your designated school official.

If you have further questions regarding your case, please contact me. I worked for USCIS for 10 years until just recently.

I want to thank you so much for your prompt and clear answer.

I'm filing through marriage, and I put the package together and did not want to go through an agency or attorney, which I regret a bit after receiving RFE.

I received the yellow letter "Request for Initial Evidence (I-485)", I responded with my sponsor's 1040 (which I might have forgotten to include when initially filing”.

I knew my sponsor had an income over 50k then later I found out that he had 35k business expenses that made the adjusted income about 15k (lower than poverty line).

I included for evidence of assets my sponsor’s annuity policy (contract) which is 20k a month. Also I included a copy of my sponsor’s recent bank history showing monthly deposits of 20k. For evidence of assets I also included a 1099s form showing income from real estate sale for last year (2015) of the amount of 55k.

I’m hoping they do accept the annuity contract and the 1099s form.

Again I appreciate your help,

Aleks

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I want to thank you so much for your prompt and clear answer.

I'm filing through marriage, and I put the package together and did not want to go through an agency or attorney, which I regret a bit after receiving RFE.

I received the yellow letter "Request for Initial Evidence (I-485)", I responded with my sponsor's 1040 (which I might have forgotten to include when initially filing”.

I knew my sponsor had an income over 50k then later I found out that he had 35k business expenses that made the adjusted income about 15k (lower than poverty line).

I included for evidence of assets my sponsor’s annuity policy (contract) which is 20k a month. Also I included a copy of my sponsor’s recent bank history showing monthly deposits of 20k. For evidence of assets I also included a 1099s form showing income from real estate sale for last year (2015) of the amount of 55k.

I’m hoping they do accept the annuity contract and the 1099s form.

Again I appreciate your help,

Aleks

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So you've also received an RFE for this I-485 application and already responded? Things seem to be moving somewhat quickly. When did you have your biometrics taken? What date did you respond to the RFE?

I received the RFE over two weeks ago, then I responded on Aug 15th and I got notification that it was received.

The biometrics appointment letter came in last week and it is scheduled for Aug 31st.

Thanks

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I received the RFE over two weeks ago, then I responded on Aug 15th and I got notification that it was received.

The biometrics appointment letter came in last week and it is scheduled for Aug 31st.

Thanks

​Yeah, things have moved quickly for you. So did you have a co-sponsor or were those your wifes documents you mentioned you sent?

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​Yeah, things have moved quickly for you. So did you have a co-sponsor or were those your wifes documents you mentioned you sent?

I had to get a co-sponsor because my wife's income did not pass the threshold. The ones I mentioned are co-sponsor's documents.

I'm about to send out I-765 and include the I-485 receipt. I'm assuming I send it to the same address as the one I sent the AOS package (Chicago USCIS Office).

In the I-765 form, in the top is it ok to select "permission to accept employment" or does it have to be "renewal my permission to accept employment? since I have my EAD through OPT?

*I'm including copies of my current EAD and the approval letter I received with the EAD through OPT.

Thank you so much,

Aleks

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