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Filing fee for a renewal EAD while still waiting for AOS???

By 123456789 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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123456789 Rookie

123456789   0

Posted
Filed: Other Timeline
Posted

My husband is ready to send in his renewal EAD application because it is soon to expire and the decision has not yet been made for his AOS. We initially sent in his AOS and EAD applications together (in 2008) and did not have to pay the I-765 filing fee at that time. I am confused whether it must be paid at this point. It appears in the directions that he does not need to, but a friend mentioned that he actually does. Does anyone know how this works???? Thanks!!!

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
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He has to pay the fee, the only time you don't pay the fee is filing at the same time of filing the whole AOS packet.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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123456789 Rookie

123456789   0

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Filed: Other Timeline
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He has to pay the fee, the only time you don't pay the fee is filing at the same time of filing the whole AOS packet.

This is what has me confused from the I-765 directions:

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

5. (c9) or (c16) Adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.

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trillium13 Experienced

trillium13   84

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Filed: Lift. Cond. (apr) Country: Germany
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I found something kind of like what you found, but maybe a little clearer:

"If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee."

I would take that to mean that you shouldn't have to pay. But maybe someone else here knows better, who has had to do it. ;)

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
He has to pay the fee, the only time you don't pay the fee is filing at the same time of filing the whole AOS packet.

no, fee is waived for a renewal card in this situation

YMMV

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TayRivers Proficient

TayRivers   4

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Filed: Other Country: United Kingdom
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He has to pay the fee, the only time you don't pay the fee is filing at the same time of filing the whole AOS packet.

no, fee is waived for a renewal card in this situation

Agreed NO fee is payable...

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
He has to pay the fee, the only time you don't pay the fee is filing at the same time of filing the whole AOS packet.

Absolutely incorrect. Even if you file for the initial EAD after submitting the AOS, there is no fee for the EAD. The AOS fee includes all interim benefits of employment authorization and advance parole whether filed with the AOS or after.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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visacheck Collaborator

visacheck   3

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
My husband is ready to send in his renewal EAD application because it is soon to expire and the decision has not yet been made for his AOS. We initially sent in his AOS and EAD applications together (in 2008) and did not have to pay the I-765 filing fee at that time. I am confused whether it must be paid at this point. It appears in the directions that he does not need to, but a friend mentioned that he actually does. Does anyone know how this works???? Thanks!!!

If you dont mind me asking, did USCIS tell you why they dont have a decision on his AOS yet?

12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
PAGE 7 of the I-765 instructions.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
PAGE 7 of the I-765 instructions.

Which says that a the fee is required for a replacement card (i.e. lost card), but is not required for a renewal

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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visacheck Collaborator

visacheck   3

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
PAGE 7 of the I-765 instructions.

Which says that a the fee is required for a replacement card (i.e. lost card), but is not required for a renewal

I agree. The instructions CLEARLY said that there is no fee for renewal EAD.

12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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