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Mihir Patel

Is it OK to file i-765 with i-485 if you already have OPT EAD

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Hello,

I have STEM EAD card and expiration date is 06/25/2020. 

I recently got married and applying for green card .

Can I fill out from i-765  with i-485 for green card EAD?. If so which box should I select from the form 1.a 1.b or 1.c.

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Hello, yes it is totally fine to apply for another EAD because the EAD you will get from your AOS processing wont have any restrictions so you will be able to work anywhere.

As for the questions you are mentioning which page are you referring to from the application?


01/08/2018: Priority Date

01/19/2018: Checks cashed

01/22/2018: 3 NOA's received in Mail (I-130, I-485 and I-765)

02/09/201: Received Biometrics Appointment Letter scheduled for 02/22

02/10/2018: Email notification of RFIE :(

02/12/2018: Early walk-in for Biometrics, successful

02/16/2018: RFIE received for birth certificate and translation, sent back the same day

02/20/2018: RFIE response delivered, sent via Fedex

02/23/2018: Case status updated to RFIE response received

03/05/2018: Courtesy letter for I-693, medical exam received, letter dated Feb 28th

03/08/2018: AP application delivered by Fedex

03/19/2018: NOA for AP received in the mailbox

05/03/2018: AP ONLY approved (Approved in 56 days)

05/11/2018: AP received in Mail

05/21/2018: Email received,EAD card in production (Day 133)

05/22/2018: Interview scheduled

05/25/2018: EAD approval letter received in Mail

05/29/2018: EAD card and letter for interview (Jun.26th) both received in Mail, Woot woot :)

06/26/2018: Interview completed, now waiting for the magical email/letter...

10/30/2018: Went to Infopass, officer has not made a decision yet, an email was sent to him tell him I came to inquire

03/26/2019: Moved so updated our address online with USCIS

04/16/2019: I-130 petition approved

04/20/2019: approval notice received in the mail

04/22/2019: received notification of RFE for AOS I-485

06/01/2019: RFE finally received after being lost in the mail, asking for a new medical exam

06/06/2019: Response to RFE sent, received the next day 06/07/2019

06/17/2019: Received notification of another RFE, 3rd time will be the charm hopefully

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Hummm I would say 1c by elimination since you already have one and you are not requesting a new card for a mistake, but I am not sure

@geowrian would you please give you input on this please? OP had an existing OPT STEM EAR, would like to include I-765 in AOS package but is not sure on what to answer on page 1 of I-765, question 1

20 hours ago, Mihir Patel said:

Thank you for reply.

I am referring to first page of from I-765.

part 1 reason for applying 

I am applying for ...

 

i already have OPT STEM EAR not sure should I select 1a 1b or 1c

 

 


01/08/2018: Priority Date

01/19/2018: Checks cashed

01/22/2018: 3 NOA's received in Mail (I-130, I-485 and I-765)

02/09/201: Received Biometrics Appointment Letter scheduled for 02/22

02/10/2018: Email notification of RFIE :(

02/12/2018: Early walk-in for Biometrics, successful

02/16/2018: RFIE received for birth certificate and translation, sent back the same day

02/20/2018: RFIE response delivered, sent via Fedex

02/23/2018: Case status updated to RFIE response received

03/05/2018: Courtesy letter for I-693, medical exam received, letter dated Feb 28th

03/08/2018: AP application delivered by Fedex

03/19/2018: NOA for AP received in the mailbox

05/03/2018: AP ONLY approved (Approved in 56 days)

05/11/2018: AP received in Mail

05/21/2018: Email received,EAD card in production (Day 133)

05/22/2018: Interview scheduled

05/25/2018: EAD approval letter received in Mail

05/29/2018: EAD card and letter for interview (Jun.26th) both received in Mail, Woot woot :)

06/26/2018: Interview completed, now waiting for the magical email/letter...

10/30/2018: Went to Infopass, officer has not made a decision yet, an email was sent to him tell him I came to inquire

03/26/2019: Moved so updated our address online with USCIS

04/16/2019: I-130 petition approved

04/20/2019: approval notice received in the mail

04/22/2019: received notification of RFE for AOS I-485

06/01/2019: RFE finally received after being lost in the mail, asking for a new medical exam

06/06/2019: Response to RFE sent, received the next day 06/07/2019

06/17/2019: Received notification of another RFE, 3rd time will be the charm hopefully

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21 hours ago, Mihir Patel said:

Thank you for reply.

I am referring to first page of from I-765.

part 1 reason for applying 

I am applying for ...

 

i already have OPT STEM EAR not sure should I select 1a 1b or 1c

1 hour ago, Nouchigang said:

Hummm I would say 1c by elimination since you already have one and you are not requesting a new card for a mistake, but I am not sure

@geowrian would you please give you input on this please? OP had an existing OPT STEM EAR, would like to include I-765 in AOS package but is not sure on what to answer on page 1 of I-765, question 1

This is considered an application for a new EAD (1.a), not a renewal.


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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29 minutes ago, geowrian said:

This is considered an application for a new EAD (1.a), not a renewal.

Ah my mistake then, thank you very much for your kind help :)


01/08/2018: Priority Date

01/19/2018: Checks cashed

01/22/2018: 3 NOA's received in Mail (I-130, I-485 and I-765)

02/09/201: Received Biometrics Appointment Letter scheduled for 02/22

02/10/2018: Email notification of RFIE :(

02/12/2018: Early walk-in for Biometrics, successful

02/16/2018: RFIE received for birth certificate and translation, sent back the same day

02/20/2018: RFIE response delivered, sent via Fedex

02/23/2018: Case status updated to RFIE response received

03/05/2018: Courtesy letter for I-693, medical exam received, letter dated Feb 28th

03/08/2018: AP application delivered by Fedex

03/19/2018: NOA for AP received in the mailbox

05/03/2018: AP ONLY approved (Approved in 56 days)

05/11/2018: AP received in Mail

05/21/2018: Email received,EAD card in production (Day 133)

05/22/2018: Interview scheduled

05/25/2018: EAD approval letter received in Mail

05/29/2018: EAD card and letter for interview (Jun.26th) both received in Mail, Woot woot :)

06/26/2018: Interview completed, now waiting for the magical email/letter...

10/30/2018: Went to Infopass, officer has not made a decision yet, an email was sent to him tell him I came to inquire

03/26/2019: Moved so updated our address online with USCIS

04/16/2019: I-130 petition approved

04/20/2019: approval notice received in the mail

04/22/2019: received notification of RFE for AOS I-485

06/01/2019: RFE finally received after being lost in the mail, asking for a new medical exam

06/06/2019: Response to RFE sent, received the next day 06/07/2019

06/17/2019: Received notification of another RFE, 3rd time will be the charm hopefully

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No problem. It's not clear on the form itself, but the instructions clarify it:

 

https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf

"Initial EAD: An EAD issued to an eligible applicant for the first time under a specific eligibility category.

Renewal EAD: An EAD issued to an eligible applicant after the expiration of a previous EAD issued under the same category.

Replacement EAD: An EAD issued to an eligible applicant when the previously issued EAD was lost, stolen, damaged, or contains errors, such as a misspelled name."

 

An EAD based on an I-485 is (c)(9) category. An EAD for OPT is a different category.


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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As said, select 1a. Its a new application. OPT EAD and AOS EAD are two independent EADs. My suggestion is, keep using OPT EAD and keep AOS EAD as a backup and use only when necessary. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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