RFE for I-485, will they approve EAD,AP

[teanet 20]

Hello,

I sent out form I-485 in November and didn't do I--765 and I-131 because on phone lady told us its over 400 dollars for each form plus 1070 for I-485. I got RFE for my I-485 and I sent answer for my RFE on 28th January. When I called to ask about something the officer told me that I can file I-765 and I-131 because their price is already in 1070 dollars. So I sent out these forms at same time like answer for RFE. Well I know they have 2 months to review RFE so my question is, is this going to slow down my EAD and AP? Are they going to wait until RFE answer is review and than move to my EAD and AP? The thing is I have to finish my school in June so I have to be able to leave, if not all my years of university will be gone and I will have to start over.

Thank you

[ManCharsey 254]

So you mean you sent the I-765 and I-131 applications in later with your RFE response? I believe that will constitute filing them separately and will not be included in the original check amount of $1070 which would have been the case if you filed it all concurrently with the I-485. Most likely they will reject it for incorrect amount or no payment but you could get lucky and they might accept it. You might want to do a follow up on it and see or wait and see what happens.

[aussie_jason 195]

So you mean you sent the I-765 and I-131 applications in later with your RFE response? I believe that will constitute filing them separately and will not be included in the original check amount of $1070 which would have been the case if you filed it all concurrently with the I-485. Most likely they will reject it for incorrect amount or no payment but you could get lucky and they might accept it. You might want to do a follow up on it and see or wait and see what happens.

That isn't correct, you can file the I-131 and I-765 at any time and there won't be a fee if it is in conjunction with an I-485, it doesn't have to be concurrent. You only pay for them under different circumstances like when on a K2 and before AOS.

[ManCharsey 254]

oh ok. Thanks for the correction aussie_jason.

[teanet 20]

I should have mentioned that they accepted I-765 and I-131 and I got NOA for both of them. Just curious if FRE for I-485 will slow them down or they will issue it within 90 days.

[aussie_jason 195]

A RFE will pause the 90 day counter until they accept the requested evidence, if it is material evidence they require in order to process the I-765 then it can reset the 90 day counter but that doesn't seem common.

[teanet 20]

Thank you, RFE is under review right now. So I will have to wait and see what is going to happen.

[KayDeeCee 4,896]

That isn't correct, you can file the I-131 and I-765 at any time and there won't be a fee if it is in conjunction with an I-485, it doesn't have to be concurrent. You only pay for them under different circumstances like when on a K2 and before AOS.

Why would someone adjusting status from a K-2 need to pay the fees for the I-765 and I-131? The fees are waived when filed with a pending I-485. A K-2 adjustment applicant is not excluded from that.

[aussie_jason 195]

Sorry I meant K1, you can apply for an I765 as soon as you arrive before filing AOS and for that you pay the fee but it is pretty pointless to do.