Wrong EAD eligibility category

[Meech 442]

Hi I have a problem with my AOS application. I came on a K-1 Visa.

On the EAD I wrote (a)(6) instead of (c)(9) for the eligibility category, what will happen to my AOS application? Is there any way to send a corrected EAD to them without having to wait for them to return the documents if it gets rejected?

Edited May 29, 2018 by Meech

[geowrian 22,335]

They may reject the packet since an I-765 under (a)(6) requires payment. If you didn't provide payment for it, then they won't process it. If you did provide payment, then they technically should process it, although an EAD based on K-1 status would only be valid until for the 90 days starting from POE. You can then send an I-765 for (c)(9) separately, providing a copy of the I-485's NOA1 in lieu of payment.

 

There's no way to correct it before they accept or reject it.

If they accept the I-485 but reject the I-765, you will need to provide the I-485's NOA1 when you send the corrected I-765.

If they reject the I-485 packet as a whole, then you would need to send the corrected I-765 with the AOS packet.

[Meech 442]

11 minutes ago, geowrian said:

They may reject the packet since an I-765 under (a)(6) requires payment. If you didn't provide payment for it, then they won't process it. If you did provide payment, then they technically should process it, although an EAD based on K-1 status would only be valid until for the 90 days starting from POE. You can then send an I-765 for (c)(9) separately, providing a copy of the I-485's NOA1 in lieu of payment.

 

There's no way to correct it before they accept or reject it.

If they accept the I-485 but reject the I-765, you will need to provide the I-485's NOA1 when you send the corrected I-765.

If they reject the I-485 packet as a whole, then you would need to send the corrected I-765 with the AOS packet.

Thank you, I appreciate the detailed answer  Also, do you know what the waiting times are for NOA1 or a rejection notice? Thanks!

[TNJ17 1,329]

16 minutes ago, geowrian said:

although an EAD based on K-1 status would only be valid until for the 90 days starting from POE.

Hmmmm that’s not true. Specially considering almost everyone only receives their EAD way passed their 90 days are up. It’s taking around 6 months now unless you’re like the .0000001% of the lucky ones that get it processed fast. 

[geowrian 22,335]

16 minutes ago, Meech said:

Thank you, I appreciate the detailed answer  Also, do you know what the waiting times are for NOA1 or a rejection notice? Thanks!

Usually within 30 days, although it can be within a week or 2 in most cases.

 

8 minutes ago, TNJ17 said:

Hmmmm that’s not true. Specially considering almost everyone only receives their EAD way passed their 90 days are up. It’s taking around 6 months now unless you’re like the .0000001% of the lucky ones that get it processed fast. 

You're referring to an EAD based on a pending AOS application (c9 category vs a6 category).

An EAD under (a)(6) is useless because, as you noted, it would be expired before they even issued it. It was very slightly more practical when an EAD was taking under 90 days to issue.

Edited May 29, 2018 by geowrian