I-765 rejected and I-131 accepted

[Andrea89 0]

Hi Everyone,

 

I applied two weeks ago for the renewal of my EDA (category C9) and travel permit. I have a pending I-485.

I just got a rejection notice for my I-765 because I didn't pay the fee but at the same time, my travel permit (I-131) has been accepted. I will send the documentation again but I have a couple of questions:

- Do I need to pay for the renewal? The instructions are not clear.

- In case, I have to pay 410$, correct? Biometric fee (85$) not required. 

- On the USCIS website, they say that the form I-765 and I-131 (I haven't receipt yet the I-797 only the email) must file together, but now I don't know if I have to send only the I-765 (given that the I-131 has been accepted or again both together? 

 

Can someone help me?

Thank you in advance.

 

Best,

 

Andrea 

  

[geowrian 22,341]

1) No fee is required. Send the I-485's NOA1 in lieu of payment.

2) See above.

3) No need to file them together. You are permitted to do so, but not required to do so. But even if filed together, they need to be 2 full packets (including duplicates of the same documents).

 

Also, sometimes the rejection letter may be overly vague and list a few possible reasons for the rejection. Ensure you have the latest I-765 from the USCIS website, follow all I-765 instructions, and complete the forms completely.

 

Also, what visa are you adjusting status from? This is posted in the IR-1/CR-1 forum, which doesn't do AOS (and has no need for an I-765 or I-131 since they get permanent residency upon entry).

[Andrea89 0]

Hi Geowrian,

 

Thanks for the reply. 

I sent the NOA of I-485 and the copy of EAD and checks but they say: The payment amount is incorrect, or has not been provided. Please...

 

On the website in the instruction

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

- (c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed for adjustment of status on or after
July 30, 2007, and paid the appropriate Form I-485 filing fee. If you file Form I-765 separately from your Form I-485,
you must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after
July 30, 2007, and payment of the appropriate form filing fee (NOT CLEAR the part after the comma). If you did not pay the appropriate Form I-485 filing
fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived.

So I can prove that I don't have to pay?

 

I will send the document with the new form. I sent an old version of the form.. my mistake, I didn't notice. 

 

So I will send only the new I-765 maybe mentioning in the letter the case number of the accepted I-131?

 

Sorry for posting in the wrong section but I couldn't find the correct one. I am applying for adjustment of state after marriage.

 

Thanks again.

Best, 

 

Andrea

[geowrian 22,341]

Sounds like either:

1) They wanted a copy of the NOA1 for each application, not just 1 copy (unless you did this, but it sounds like you only sent one).

2) The no longer accepted form edition (likely this)

3) USCIS made a mistake. It happens with this case sometimes.

 

I suggest including a note on the cover letter that you have a pending I-485 and included a copy of the I-797C notice in lieu of payment.1

 

Alright, but what visa/status are you adjusting from (i.e. K-1, B1/B-2 / visitor, F-1 / student, etc.)? I can move it to the appropriate forum, but need to know which one applies.

[Andrea89 0]

I sent the NOA of I-485, I-130, I-765 and I-131 in both applications (new I-765 and new I-131).

 

I am going to use the attached form, is it correct?

 

Perfect, I will add a more detailed explanation in the cover letter about the pending I-485. What about the accepted I-131? Need to write something?

I am worried that USCIS will not provide EAD+travel permit given the resubmission of one form. Any suggestions to help UCSIS in the process?

 

I was a J1  research scholar. 

 

Thanks

 

 

i-765.pdf

[TNJ17 1,329]

It’s most likely because you used the old form. Go on the USCIS website and search for ead and download the instructions pdf. Fill out all new forms and get a copy of every evidence requested on the instructions to support it. Write a new cover letter explaining that you have a pending aos and an approved ap. Use NOA1 from aos as proof of payment. Send it all again.

[Andrea89 0]

Thanks TNJ17. 

Is the attached NOA correct?

When you say send it all again, you mean both I-485 and I-131?

If I resend both I-485 and I-131 again together what happens to the accepted I-131? Not clear if it is better to send both or only the I-485.

 

Best

Andrea

 

Edited September 10, 2018 by TBoneTX
removed attachment with personal information

[geowrian 22,341]

* Moved from IR-1/CR-1 P&P to AOS from Work, Student, and Tourist Visas *

 

8 hours ago, Andrea89 said:

I am going to use the attached form, is it correct?

Yup, that's the current edition right now.

 

8 hours ago, Andrea89 said:

Perfect, I will add a more detailed explanation in the cover letter about the pending I-485. What about the accepted I-131? Need to write something?

I am worried that USCIS will not provide EAD+travel permit given the resubmission of one form. Any suggestions to help UCSIS in the process?

Great.

You can, although it likely won't make a difference. Hopefully they adjudicate them together (since you are re-filing so close to the I-131, they probably will do a combo still). No guarantees, though.

[little immigrant 801]

18 hours ago, Andrea89 said:

Thanks TNJ17. 

Is the attached NOA correct?

When you say send it all again, you mean both I-485 and I-131?

If I resend both I-485 and I-131 again together what happens to the accepted I-131? Not clear if it is better to send both or only the I-485.

 

Best

Andrea

 

I would only send the I-765 application and the I-485 NOA you attached there. I might also include the NOA to the I-131 and explain everything in the cover letter. Hopefully they still issue a combo card. 

 

I just recently went through the renewal myself. The waiting times are painful. 

[TBoneTX 47,687]

An attachment containing personal information has been removed.

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