EAD application i765

[Yogalife 3]

Hello people who adjusted through marriage and had opt before!

 

 In the first question on I 765 ( reason for applying )it says if you are asking for initial permission To accept employment , if I had OPT from my f1 before but then switched to a different visa afterwards (e2) should I check the first box or the third box?  The first box is initial permission to accept employment and the third Box 1C is renewal of my permission to accept employment .  Side note I have not had an EAD card for five years the last EAD card that was administered to me was when I was a student which was six years ago 

[my&aaron 54]

3 hours ago, Yogalife said:

Hello people who adjusted through marriage and had opt before!

 

 In the first question on I 765 ( reason for applying )it says if you are asking for initial permission To accept employment , if I had OPT from my f1 before but then switched to a different visa afterwards (e2) should I check the first box or the third box?  The first box is initial permission to accept employment and the third Box 1C is renewal of my permission to accept employment .  Side note I have not had an EAD card for five years the last EAD card that was administered to me was when I was a student which was six years ago 

I also had my F1-OPT EAD card. Choose the first box. These are two separate cases.

[Yogalife 3]

3 hours ago, my&aaron said:

I also had my F1-OPT EAD card. Choose the first box. These are two separate cases.

Thank you!

[Silmaril 8]

Hi,

We were in a similar situation and per the I-765 instructions, we chose "initial" application as well.

However, the instructions say it's required to include a copy of your old EAD. Sadly we lost ours, and just had a blurry copy of the front, and not the back, but included it anyway along with the old NOA.

We also had a name change but didn't include a separate copy of the marriage cert in the I-765 section.

If anyone knows how those factors affect issuance of RFEs, please chime in!

 

[Skood 5]

Hi!

I found this thread and I have submitted my I-765 along with I-485 and all the other documents.

This thread made me double check my application and I noticed that I checked the wrong box.

 

I checked 1.c as I thought it was just a general renewal from OPT to the status I'm adjusting for.

 

Is this detrimental, will I get a RFE , should I send in a correction letter to USCIS and how would I do so?

I've also put in an expedite request and I'm wondering if I would send a correction letter - can I send them a letter about the correction with it?
Or should I simply just wait it out and see what happens?

[Villanelle 4,121]

On 10/6/2019 at 5:12 PM, Silmaril said:

Hi,

We were in a similar situation and per the I-765 instructions, we chose "initial" application as well.

However, the instructions say it's required to include a copy of your old EAD. Sadly we lost ours, and just had a blurry copy of the front, and not the back, but included it anyway along with the old NOA.

We also had a name change but didn't include a separate copy of the marriage cert in the I-765 section.

If anyone knows how those factors affect issuance of RFEs, please chime in!

 

You will most likely get an RFE for the marriage certificate showing the name change. Did you also apply for AP and if so did you include a copy of the marriage certificate for that form as well? 

[Villanelle 4,121]

1 hour ago, Skood said:

Hi!

I found this thread and I have submitted my I-765 along with I-485 and all the other documents.

This thread made me double check my application and I noticed that I checked the wrong box.

 

I checked 1.c as I thought it was just a general renewal from OPT to the status I'm adjusting for.

 

Is this detrimental, will I get a RFE , should I send in a correction letter to USCIS and how would I do so?

I've also put in an expedite request and I'm wondering if I would send a correction letter - can I send them a letter about the correction with it?
Or should I simply just wait it out and see what happens?

EADs come in various categories. If you use the wrong category it can cause either a rejection/denial or delay. USCIS processes things as they are submitted and typically do not make corrections (on their own) even when its clear the person made an error. So if you sent a renewal for an EAD c03 it will be processed as an EAD c03 renewal. 

You should have sent an initial c09 EAD form. How did you ask for the expedite? phone? congressperson? You may be able to request USCIS to change the category for you. They might make the change but they are under no obligation to do so. 

[Skood 5]

1 minute ago, Villanelle said:

EADs come in various categories. If you use the wrong category it can cause either a rejection/denial or delay. USCIS processes things as they are submitted and typically do not make corrections (on their own) even when its clear the person made an error. So if you sent a renewal for an EAD c03 it will be processed as an EAD c03 renewal. 

You should have sent an initial c09 EAD form. How did you ask for the expedite? phone? congressperson? You may be able to request USCIS to change the category for you. They might make the change but they are under no obligation to do so. 

It is in the c09 category. The only issue is that I checked the 1.c box instead of 1.a but also sent in a copy of my old EAD card that is an OPT card..

So I'm assuming they'll "assume" that I want to renew my card that I don't have in that category and hopefully send an RFE for correction.

Worst case scenario would be denial and I'll simply just have to wait for my interview..

 

I expedited it by phone - and I called earlier today explaining if there's something they can do about that mistake but was told that I could either send in a correction letter or hope for the best pretty much.
Didn't really get much information out of the person.

 

I'm just unsure on how to proceed as of now.

 

[Villanelle 4,121]

1 minute ago, Skood said:

It is in the c09 category. The only issue is that I checked the 1.c box instead of 1.a but also sent in a copy of my old EAD card that is an OPT card..

So I'm assuming they'll "assume" that I want to renew my card that I don't have in that category and hopefully send an RFE for correction.

Worst case scenario would be denial and I'll simply just have to wait for my interview..

 

I expedited it by phone - and I called earlier today explaining if there's something they can do about that mistake but was told that I could either send in a correction letter or hope for the best pretty much.
Didn't really get much information out of the person.

 

I'm just unsure on how to proceed as of now.

 

Ok so you sent a request for a c09 renewal when you dont have a c09 card. As I said before USCIS does not make assumptions and does not correct on their own. It is unlikely you will get an RFE, IMO you will get a rejection denial as you asked for something (c09 renewal) that you are not eligible for. 

You can send a letter to the service center asking for the correction from a renewal to an initial filing or you can try to do a service request online if it will let you. You may also want to consider sending in a new 765 with the correct info. Also you can not expedite until you have biometrics marked completed. You may have valid biometrics on file depending on when you did them last. 

 

When did you ask for the phone expedite? Did you send in any evidence for it yet? If not when you do send the evidence you can send the letter asking for it to be corrected as well. They may not even ask you for evidence if they see you are not eligible for the renewal they may just deny it. 

[Skood 5]

Just now, Villanelle said:

Ok so you sent a request for a c09 renewal when you dont have a c09 card. As I said before USCIS does not make assumptions and does not correct on their own. It is unlikely you will get an RFE, IMO you will get a rejection denial as you asked for something (c09 renewal) that you are not eligible for. 

You can send a letter to the service center asking for the correction from a renewal to an initial filing or you can try to do a service request online if it will let you. You may also want to consider sending in a new 765 with the correct info. Also you can not expedite until you have biometrics marked completed. You may have valid biometrics on file depending on when you did them last. 

 

When did you ask for the phone expedite? Did you send in any evidence for it yet? If not when you do send the evidence you can send the letter asking for it to be corrected as well. They may not even ask you for evidence if they see you are not eligible for the renewal they may just deny it. 

I'll do so! I was told that I can just send the first page in with a letter explaining the situation, so I will go ahead and do that and hope for the best if I cant request it online.

I've had my biometrics done in August so  that's not an issue.

 

I expedited it last friday and I'm waiting for them to contact me about evidence.
Just to be on the safe side, I'll send a letter today about getting it corrected and as well with my evidence if they ask for it.

Hopefully, it's not too late.

[Silmaril 8]

56 minutes ago, Villanelle said:

You will most likely get an RFE for the marriage certificate showing the name change. Did you also apply for AP and if so did you include a copy of the marriage certificate for that form as well? 

Hi Villanelle (great handle, perhaps you're a poet? :)

 

Thanks for the response. The I-765 was in the same packet as our I-130 and I-485, which did have a copy of our marriage certificate.

We applied for an I-131 but the whole package had just one copy of the marriage cert., in the I-130 section I believe.

Our attorney says they've never seen an RFE for a name change when the I-765 was part of a "one step" AoS application, but I've seen multiple reports here of RFEs for that scenario.

The attorney also typoed my passport# in the I-130 section though it's correct on the I-485. The attorney states that this can be corrected at the interview, and better not to send a letter amending these issues.

Apparently only the I-485 is verified prior to the interview, and the 130 is adjudicated at the interview.

Anyway, figuring out what USCIS is going to do seems very challenging. 

Perhaps we'll get lucky, and the IO will find the marriage cert. in the correct portion of the package, and use the passport number from the picture of the passport biographic page. 

[Villanelle 4,121]

Why did you decide to use an attny? Just curious. Often people assume because they are using an attny that everything will be done correctly and there wont be any issues. Unfortunately this is not the case. 

 

I understand you sent 1 packet with multiple forms in it. When the mail room gets your package they break it up and send different things to different places. So you need to have a marriage certificate with the 765 and another with the 131 and another with the 485 and one with the 130 .  The 765/131 goes to one place and the 485 to another.