Darnell, my wife accepted a job, so I filed I-765 before filing her I-485.

[rawlsca 2]

Darnell,

I think I may have screwed up. I'm in the process of pulling everything together to file my wife's AOS application package when she suddenly had a job offer. So I rushed to electronically file her I-765 "Application for Employment Authorization", because we're not ready to file her I-485 until about 10 days from now. It came with a whopping $380 fee. I just read where this fee is "waived" if the her I-765 application is filed at the same time as her I-485 application. Can this $385 be deducted from the I-485 fee? Or did I just screw myself out of $380?

Thanks for your help!

Clint

[NigeriaorBust 4,087]

if you filed the I 765 based on her K1 it will expire as soon as she gets it . File another with the I485 ( for free this time) yes the money is gone

[Darnell 8,478]

you screwed yerself out of a fee, sideways.

[Pitaya 2,577]

~Moved from K-1 Progress to Family-based AOS Forum~

~Inquiry and inquirer are past K-1~

Edited October 25, 2013 by A&B

[rawlsca 2]

It's my understanding that even if the first I-765 submittal was accepted, her approval would expire along with her K-1 visa and another I-765 would need to be filed anyway when she files her I-485. I just checked with my bank and found that the $380 has not posted yet. If I place a stop payment on this "Electronic Bank Account Debit". This will, of course, prevent this particular application from going forward. However, what repercussions will that have on me filing the I-765 again with my I-485? Thanks!

you screwed yerself out of a fee, sideways.

[Darnell 8,478]

1. It's my understanding that even if the first I-765 submittal was accepted, her approval would expire along with her K-1 visa

2. and another I-765 would need to be filed anyway when she files her I-485. I just checked with my bank and found that the $380 has not posted yet.

3. If I place a stop payment on this "Electronic Bank Account Debit". This will, of course, prevent this particular application from going forward.

4. However, what repercussions will that have on me filing the I-765 again with my I-485? Thanks!

1. Nope. Tied into the expiration date on the I-94, not the K-1 visa inside the passport.

2. Yes.....

3. Of course....

4. None. Why None? Different periods of authorized stay.

[rawlsca 2]

So, by placing a stop payment on the $380, I just "unscrewed" myself, with no foreseeable repercussions?

1. Nope. Tied into the expiration date on the I-94, not the K-1 visa inside the passport.
2. Yes.....
3. Of course....
4. None. Why None? Different periods of authorized stay.

[Darnell 8,478]

Well, she won't be working - that's one of the repercussions.

Are you OK with that?

[rawlsca 2]

Since we'll be filing it again in about 10 days, we're just delaying her new job another 10 days, right? If that's the only repercussion, then yes, we can live with that. If she decided she doesn't want to work yet anyway, I'm OK with that too.

Well, she won't be working - that's one of the repercussions.

Are you OK with that?

[Dave&Roza 748]

So, by placing a stop payment on the $380, I just "unscrewed" myself, with no foreseeable repercussions?

Well, you reduced the cost from $380 to the cost of a stop payment--typically $30. So you still screwed yourself, but not as badly. Now file that I-485 with the I-765 and the I-131 (advance parole just encase she needs to travel before the GC arrives) so your wife's EAD comes while the job offer is still on the table--it should come in about 2-3 months. Just to be clear here--she cannot work until she has the EAD (employment authorization) or GC AND her SSC. Do a search on the I-9 form and see what documentation is required by her prospective employer.

Good luck,

Dave

Edited October 25, 2013 by Dave&Roza

[rawlsca 2]

Since it was an "Electronic bank account debit", my bank told me there's no stop payment fee. So, I guess I did 100% "unscrew" myself... nice!

She actually started her "training" today, without pay. My concern is that she'll be working for free for the next 2 or 3 months until she gets her EAD and possibly be told at that time they "no longer need her services", never paying her a dime! I'll discuss it with her later but I want to see about some other form of compensation until her EAD arrives. Not sure what yet, but we can't allow her to work for free that long, and if she stops "training" soon, her position may no longer be available when her EAD does arrive. You'd think the USCIS would have a better plan in place to allow legal immigrants to go to work quicker. When illegal immigrants can work and get paid WITHOUT enforced consequences, but the legal immigrant can't work without consequences, I'd say the system is broken. But then again, that's "par for the course" when it comes to the US government.

Well, you reduced the cost from $380 to the cost of a stop payment--typically $30. So you still screwed yourself, but not as badly. Now file that I-485 with the I-765 and the I-131 (advance parole just encase she needs to travel before the GC arrives) so your wife's EAD comes while the job offer is still on the table--it should come in about 2-3 months. Just to be clear here--she cannot work until she has the EAD (employment authorization) or GC AND her SSC. Do a search on the I-9 form and see what documentation is required by her prospective employer.

Good luck,

Dave

Edited October 26, 2013 by rawlsca

[Darnell 8,478]

sorry, employer sounds shady.

can tell us what the work is ?

[Darnell 8,478]

Since we'll be filing it again in about 10 days, we're just delaying her new job another 10 days, right? If that's the only repercussion, then yes, we can live with that. If she decided she doesn't want to work yet anyway, I'm OK with that too.

Beats me.

I think is wide span of difference between:

1. waiting after filing for EAD and

2. EAD in hand.

[aamirpearl 47]

Darnell,

I think I may have screwed up. I'm in the process of pulling everything together to file my wife's AOS application package when she suddenly had a job offer. So I rushed to electronically file her I-765 "Application for Employment Authorization", because we're not ready to file her I-485 until about 10 days from now. It came with a whopping $380 fee. I just read where this fee is "waived" if the her I-765 application is filed at the same time as her I-485 application. Can this $385 be deducted from the I-485 fee? Or did I just screw myself out of $380?

Thanks for your help!

Clint

There is a personal message option if you directly only need help from Darnell ...

[Anna Grant 169]

She actually started her "training" today, without pay. My concern is that she'll be working for free for the next 2 or 3 months until she gets her EAD and possibly be told at that time they "no longer need her services", never paying her a dime! I'll discuss it with her later but I want to see about some other form of compensation until her EAD arrives. Not sure what yet, but we can't allow her to work for free that long, and if she stops "training" soon, her position may no longer be available when her EAD does arrive.

Be very careful about what she is currently doing. I believe that it is not just if someone does not get paid for work but if they do work which someone would normally be paid for that can cause problems. Someone with more knowledge that me will explain better. And I agree that the employer sounds a bit dodgy.

I did manage to expedite my EAD based on a job offer - http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/. Once she has her receipt number, try expediting. Although be prepared to demonstrate financial hardship for trying to expedite so early in the process.

Edited October 26, 2013 by Anna Grant