Concurrent filing of I130, I485, I765, I131... Received email and text that applications were received but...

[shxn 2]

Hi, short introduction seeing that I'm relatively new in here. I'm currently on OPT which ends Feb 17. We got married in September but due to severe procrastination, I only decided to submit all the forms in at the very last minute. I only have myself to blame. My husband is still in college but he has a part time job so I have a joint/co-sponsor to help me fulfill the requirements of I864. She is a LPR and gained that status from her stepdad 2 years ago. She has a decent paying job and earns above the 125% poverty line. I also have a job with an income above the poverty line but I decided to add a sponsor as an extra back up on the affidavit of support, just in case I lose my job when the OPT ends. So all the forms were submitted and I received text & email notifications that they had received my applications/petitions but not the complete NOA hardcopies. I only got the NOA for I130, I765 and I131. Petition, employment & travel document. What happened to the NOA hardcopy for I485? Could it be rejected thats why it's not here? I'm very worried at the moment.. Had this ever happened to anyone before? Should I call and ask them about it?

[shxn 2]

I must be paranoid as I'm still awake, researching for answers on my missing hardcopy NOA of I485.

Quick question: on the I485, I remember them asking for my current status. I'm currently in my OPT and on the I20 it is stated that the status - OPT. However, was I supposed to put my status as F1 instead? It could be the reason I'm not getting the hardcopy NOA for it.

[Harpa Timsah 13,258]

They won't accept your EAD/AP without accepting the I-485, so it must have been accepted. The first step (initial acceptance) just means that the application is sufficiently complete so that they can start reviewing it. A small error like F1/OPT won't even be caught at this stage (F1 is correct btw). Your timeline says that you got an email about acceptance. That is all you need. There is no need for the hardcopy of the NOA1. I am not sure why it is lost in the mail though. Relax and good luck.

[NancyNguyen 1,658]

They won't accept your EAD/AP without accepting the I-485, so it must have been accepted. The first step (initial acceptance) just means that the application is sufficiently complete so that they can start reviewing it. A small error like F1/OPT won't even be caught at this stage (F1 is correct btw). Your timeline says that you got an email about acceptance. That is all you need. There is no need for the hardcopy of the NOA1. I am not sure why it is lost in the mail though. Relax and good luck.

She does need NOA for I-485 to prove her authorized period of stay. If the mail is undeliverable and returned, they will send her an notification to call in and have it resent.

[shxn 2]

They won't accept your EAD/AP without accepting the I-485, so it must have been accepted. The first step (initial acceptance) just means that the application is sufficiently complete so that they can start reviewing it. A small error like F1/OPT won't even be caught at this stage (F1 is correct btw). Your timeline says that you got an email about acceptance. That is all you need. There is no need for the hardcopy of the NOA1. I am not sure why it is lost in the mail though. Relax and good luck.

Thank you for the prompt reply. I'm wondering if I should give them a call and ask about it?

Another question which might not be relevant now seeing that I'm only at the initial phase.. If they were to reject my I485 due to the F1/OPT error, I could still amend that mistake right? But how will I fix that if say, 3 months from now I will no longer be an F1? Do I still input it as the status I originally stated? My OPT ends next month and I'd be on my 2-month grace period (if that actually legally does exist). And this leads to another worry: I'd be out of status and if I do not receive the EAD card by the time the grace period ends, am I at risk for deportation?

[shxn 2]

She does need NOA for I-485 to prove her authorized period of stay. If the mail is undeliverable and returned, they will send her an notification to call in and have it resent.

Hi Nancy, thank you for helping me out. I have the case number for I485 and I could also check the status on the USCIS site. Is it advisable to give them a ring, provide them with my case number and let them know I received all the other NOAs except for the I485?

[NancyNguyen 1,658]

Hi Nancy, thank you for helping me out. I have the case number for I485 and I could also check the status on the USCIS site. Is it advisable to give them a ring, provide them with my case number and let them know I received all the other NOAs except for the I485?

If you call now , they will have no idea where the mail is. The mail will come a little bit later or will be returned to USCIS. I think you would wait a little bit for it. If it is returned you will receive an email from USCIS to call in and have it resent. This situation happens quite frequently lately with the USPS mail. Good luck.

This is the email we received from USCIS when the NOA is undeliverable.

On November 16, 2011, the post office returned the notice we last sent you on this case I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

[shxn 2]

If you call now , they will have no idea where the mail is. The mail will come a little bit later or will be returned to USCIS. I think you would wait a little bit for it. If it is returned you will receive an email from USCIS to call in and have it resent. This situation happens quite frequently lately with the USPS mail. Good luck.

This is the email we received from USCIS when the NOA is undeliverable.

On November 16, 2011, the post office returned the notice we last sent you on this case I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

Thats a relief, thanks. However I called them to ask about the paper copy and all they told me was that so long as I have the receipt number I'm good. But it just doesn't feel right. I hope I will receive an email from them soon. :/

[Little_My 464]

Thank you for the prompt reply. I'm wondering if I should give them a call and ask about it?

Another question which might not be relevant now seeing that I'm only at the initial phase.. If they were to reject my I485 due to the F1/OPT error, I could still amend that mistake right? But how will I fix that if say, 3 months from now I will no longer be an F1? Do I still input it as the status I originally stated? My OPT ends next month and I'd be on my 2-month grace period (if that actually legally does exist). And this leads to another worry: I'd be out of status and if I do not receive the EAD card by the time the grace period ends, am I at risk for deportation?

I Highly highly doubt they will reject the I-485 because you wrote OPT instead of F1 on that form. You must have provided them with additional evidence of your F1 status (such as a copy of your visa and I-20) which clearly state what status you are under.My understanding is that small mistakes such as these can be corrected by hand by USCIS staff when needed. However, it is good for you to know in the future that OPT is not a visa status - while you are on OPT, you are still under the F1 status you originally entered with.

In the unlikely situation your forms would be returned to you due to this mistake, you would just correct the status to F1. If you are out of status by then (and I doubt it would take USCIS that long to just reject your form if they were going to do so - rejection is not the same as denial), you would still write "F1" and some people would write "out of status" next to it. That is still the status you last entered with, and would fill in the forms. And yes, the grace period does exist. As Harpa mentioned earlier, the EAD is based on the I-485, so if the I-485 was rejected, so would the EAD. The EAD does not extend your authorized stay in the US - filing the AOS paperwork does, and since they have been accepted by USCIS you are already on a new period of authorized stay which lasts from now until you have a decision on your case. You're technically no longer an F1 student, but more in a kind of a limbo-stage status-wise.

Edited January 25, 2012 by Little_My

[Harpa Timsah 13,258]

You will not have to "prove" your authorized stay. You have other papers to show, and receipt and texts. In a week or so you will get a letter informing you of a biometric appointment - that paper will also show that you have I-485 pending, and you can keep it with you for "proof" if it makes you happy. If you got in trouble somehow (won't happen) a law enforcement officer can look you up and see you have I-485 pending. I bet the NOA1 is in your stack of papers, and you just overlooked it. I'd look again.

You should really relax. If you are already this wound up, I will tell you, it just gets worse from here.

[shxn 2]

I Highly highly doubt they will reject the I-485 because you wrote OPT instead of F1 on that form. You must have provided them with additional evidence of your F1 status (such as a copy of your visa and I-20) which clearly state what status you are under.My understanding is that small mistakes such as these can be corrected by hand by USCIS staff when needed. However, it is good for you to know in the future that OPT is not a visa status - while you are on OPT, you are still under the F1 status you originally entered with.

In the unlikely situation your forms would be returned to you due to this mistake, you would just correct the status to F1. If you are out of status by then (and I doubt it would take USCIS that long to just reject your form if they were going to do so - rejection is not the same as denial), you would still write "F1" and some people would write "out of status" next to it. That is still the status you last entered with, and would fill in the forms. And yes, the grace period does exist. As Harpa mentioned earlier, the EAD is based on the I-485, so if the I-485 was rejected, so would the EAD. The EAD does not extend your authorized stay in the US - filing the AOS paperwork does, and since they have been accepted by USCIS you are already on a new period of authorized stay which lasts from now until you have a decision on your case. You're technically no longer an F1 student, but more in a kind of a limbo-stage status-wise.

Thank you for the detailed explanation, MrsFinland. I truly appreciate it! I've been worried bout being out of status and well, paranoid bout the entire process. It's going to suck not having any form of ID and not being able to drive during my grace period if my EAD doesn't get approved on time, of which I doubt it will seeing that they received it on Jan 12 and my current one expires Feb 17. I guess I have to rely on this site to keep my sanity in check!

You will not have to "prove" your authorized stay. You have other papers to show, and receipt and texts. In a week or so you will get a letter informing you of a biometric appointment - that paper will also show that you have I-485 pending, and you can keep it with you for "proof" if it makes you happy. If you got in trouble somehow (won't happen) a law enforcement officer can look you up and see you have I-485 pending. I bet the NOA1 is in your stack of papers, and you just overlooked it. I'd look again.

You should really relax. If you are already this wound up, I will tell you, it just gets worse from here.

Thanks. I did, it's not in the mailbox or in between stacks. I'm worried because Alabama just "activated" this insane law on immigrants and I want to make sure I have sufficient evidence that my presence is legal when my OPT ends. Hubby has been telling me to take a chill pill, and that everything wil be ok.. I guess I need to keep myself busy so I could stop obsessing over my application risked being denied for any reasons at all. Bummer.

Right now I'm waiting for the next step..biometric appointment. I've heard/read about walk-ins for the biometrics instead of waiting until the scheduled date. How does that work?

[Ines1987 3]

Hey,

I got the same NOA hard copies as you did, never received the one for I-485. We've had some trouble with stuff being send back to USCIS (see my timeline below). We just got back from a weekend away and found the biometrics letter in our mailbox, for I-485 and I-765. So even though I never got a NOA fir I-485, they are still working on it. I was driving myself crazy about all this, but am getting to the point where I'm realizing, there is nothing we can do but wait.

As for the walk-in for your biometrics appointment: you have to wait until you get your appointment letter, once you have that you can try to go to the locations (with the letter!!) and see if they let you do a walk-in. Not all locations accept walk-ins though, and opinions seem to vary as to how much it really speeds up the whole process.

[shxn 2]

Guess what? I finally received the hardcopy NOA for my I485 and the ASC appointment notice! But, they scheduled me for an appointment in Tampa, FL. That is an 8hr drive away and the nearest office is only 2 hours away! Also, I noticed that on the address part, my state was misspelled! Instead of AL, they put FL. The other NOAs had the correct address except for this two letters! The letter dated january 18 arrived today and the scheduled appointment is on february 8th. What should I do? Call the customer service or return this notice to USCIS and request to reschedule? However, I need them to reschedule me at the one in New Orleans, LA. I'm so mad that they got my state mixed up but..

[Harpa Timsah 13,258]

Silly USCIS! Yes, I would call them and make sure they have the right state for you. However, you can try to take your FL appointment letter to the closer office and do a walk in. Do note that USCIS offices are not necessarily able to take fingerprints - you need to go to a special "Application Support Center" office. USCIS.goc has a locator program to find the nearest one to you. Good luck!

[shxn 2]

Silly USCIS! Yes, I would call them and make sure they have the right state for you. However, you can try to take your FL appointment letter to the closer office and do a walk in. Do note that USCIS offices are not necessarily able to take fingerprints - you need to go to a special "Application Support Center" office. USCIS.goc has a locator program to find the nearest one to you. Good luck!

I did call them, Harpa. The customer service personnel was very helpful but he seemed a bit lost. He could only send in a request to correct the office/clerical error and that I will hear from them in 15 days. And I will have to mail the ASC Appointment Notice to USCIS Tampa to inform them about the clerical mistake, and that I will not be able to appear for the appointment. The scheduled date for the appointment is Feb 8. It's too late for me to drive to New Orleans for a walk in as they want the original biometrics receipt back if I opt for a reschedule. I just wrote them a letter to explain bout the issue and I'm going to overnight the letter together with the original appointment letter and a copy of my messed up NoA I-485 to Tampa tomorrow. I hope it works out.