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Meech

Wrong EAD eligibility category

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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 by Meech

 

 

K1 Visa  RFE Master List 2017 Edition - https://docs.google.com/spreadsheets/d/1QZLEE9OecLgkFXzE_ChRWqPGW4breSStBXafL2zbGhA/edit?usp=sharing

RFE Approvals From May - https://docs.google.com/spreadsheets/d/1hJA_5Lqd5IpSv7UJAnhnFPrIZjZFC_wrsc-84DS28DM/edit?usp=sharing

If you are a May filer and still waiting for approval add yourself here - https://etherpad.net/p/May_I-129F_Pending

NOA2 to NVC time tracker https://docs.google.com/spreadsheets/d/1k57PdywNRpUqytomJxMzz6_7DsMqpi52DgnaYt9FyC8/edit?usp=sharing

05/02/2017: Received Date
05/04/2017: NOA1 
10/24/2017: Request for Additional Evidence
10/28/2017: Request for Additional Evidence hard copy in mail
11/03/2017: Sent RFE response
11/15/2017: USCIS received reply

12/05/2017: NOA2
12/07/2017: NOA2 Hard Copy Received 
01/17/2018: NVC Received I-129F 
01/19/2018: Case Number Received
01/25/2018: Embassy Received. 
01/27/2018: Received NVC letter hard copy from NVC

02/15/2018: Medical
02/22/2018: Interview 
02/22/2018: APPROVED!

03/01/2018: Visa in Hand
03/05/2018: POE Airport
04/18/2018: Married! 


 

AOS

05/21/2018 AOS Package Mailed

05/21/2018 Package delivered

06/06/2018 Email and Text notifications received (This is the date on NOA1 too)

06/11/2018 NOA1 in Mail

 

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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.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

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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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!


 

 

K1 Visa  RFE Master List 2017 Edition - https://docs.google.com/spreadsheets/d/1QZLEE9OecLgkFXzE_ChRWqPGW4breSStBXafL2zbGhA/edit?usp=sharing

RFE Approvals From May - https://docs.google.com/spreadsheets/d/1hJA_5Lqd5IpSv7UJAnhnFPrIZjZFC_wrsc-84DS28DM/edit?usp=sharing

If you are a May filer and still waiting for approval add yourself here - https://etherpad.net/p/May_I-129F_Pending

NOA2 to NVC time tracker https://docs.google.com/spreadsheets/d/1k57PdywNRpUqytomJxMzz6_7DsMqpi52DgnaYt9FyC8/edit?usp=sharing

05/02/2017: Received Date
05/04/2017: NOA1 
10/24/2017: Request for Additional Evidence
10/28/2017: Request for Additional Evidence hard copy in mail
11/03/2017: Sent RFE response
11/15/2017: USCIS received reply

12/05/2017: NOA2
12/07/2017: NOA2 Hard Copy Received 
01/17/2018: NVC Received I-129F 
01/19/2018: Case Number Received
01/25/2018: Embassy Received. 
01/27/2018: Received NVC letter hard copy from NVC

02/15/2018: Medical
02/22/2018: Interview 
02/22/2018: APPROVED!

03/01/2018: Visa in Hand
03/05/2018: POE Airport
04/18/2018: Married! 


 

AOS

05/21/2018 AOS Package Mailed

05/21/2018 Package delivered

06/06/2018 Email and Text notifications received (This is the date on NOA1 too)

06/11/2018 NOA1 in Mail

 

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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. 

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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 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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

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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