AOS AND WORK PERMIT

[acabrera7186 10]

hey guys my cousin just brang her fiancee and got married they filed for AOS now my question is they first filed for his work permit she didn't know that the work permit paper would be waived with the AOS paperwork's we just called and uscis said that he would get his work permit once they are closed to getting the green card they were nasty on the phone and hung up they have just wasted 380 for this can they get a refund or asked for more information about this money since they didn't know about filing for the paperwork together

[KimberlyAhmed 28]

No refund on the fee, they will have to pay the 1070 for the AOS. They can file I-131, Application for Travel Document with AOS and the fee will only be 1070.

[aaron2020 11,651]

File for EAD/AP using the NOA1 from the I-485. No fee if they include evidence of filing the I-485.

USCIS is not there to help you figure out what to file and how to file. That's is not their job - giving legal advice. USCIS recommends you get a lawyer to help figure out what you need to do.

[acabrera7186 10]

They already paid for the aos 1070 but they did the work permit first

[Harpa Timsah 13,258]

They can kiss the work permit money goodbye. I hope they applied for a new EAD based on code C9 and with the I-485.

[acabrera7186 10]

no they didn't should they do that now

[KayDeeCee 4,893]

They filed for the EAD before AOS and paid the $380 for it? They won't get that back and they won't get the EAD in time enough for it to be useful to them for working. It will expire when their I-94 does. They need to file for the EAD and AP using the receipt notice from filing the I-485, and as Harpa said choose category (c )(9 ) on the I-765 form for the EAD. The fees will still be waived when showing they already filed the I-485.

~ Moved from K-1 Progress Reports to AOS from Family Based Visas - topic is AOS, not K-1 progress/case status ~

[aaron2020 11,651]

They already paid for the aos 1070 but they did the work permit first

OK. There is no refund when the I -765 was filed alone before filing the I-485.

[acabrera7186 10]

Ok thanks guys