USCIS may have lost my I-765 application

[SparklePony 238]

Hello all,

I am an AOS applicant, adjusting from a K1 visa. We filed the entire packet by mail on the 22nd, with the full I-485+I-131+I-765 forms and supporting documents. A few days later my husband received two texts/emails with notifications for case numbers, and a few days after that, we received the two corresponding hardcopy NOAs in the mail. We confirmed that thy pertained to the I-485 and the I-131. So where was the I-765?

The two MSC case numbers followed each other, one ending in 54 and the other ending in 55, so I checked the USCIS website for a case number ending in 53. It IS an I-765, and it has the same receipt date as my I-131. The case number ending in 56 is a denied I-765 for incorrect fee and it has a different decision date.

So, not wanting to assume anything and wanting to know about the hardcopy, we called USCIS to see what was going on. We spoke to a Tier 1 person at first who said she needed to transfer our call to someone level up, so I believe the person we ended up talking to later was a Tier 2 Officer. She confirmed that they have NO I-765 file on record for me (even though we sent the entire package together) and that the case number ending in 53 was not mine.

So, first question is, has anybody gone through this?

Second question is, are there any chances that case IS mine, anyway?

She said we can just refile and add in a copy of the I-485 NOA1 to ensure the fee is waived, but still, annoying and troublesome.

Any advice, tips or suggestions? Many thanks.

[TBoneTX 45,267]

*** Thread moved from the Working & Traveling forum to the AOS/Family-Based main forum -- topic is procedural in relation to an AOS-related file. ***

[KayDeeCee 4,893]

Very annoying indeed. You will need to resubmit the I-765 along with all supporting documents plus a copy of the I-485 receipt notice. The biometrics usually covers the AOS and EAD at once, but you may end up with 2 different biometric appointments as well.

[SparklePony 238]

I did not know that. Bummer.

Thanks, KayDeeCee. Much appreciated.

[SparklePony 238]

Had the AOS biometrics appointment today, and because we received the case number for the re-filed I-765 yesterday, I asked if the biometrics could be used for that as well. They looked it up and said that even though the I-765 has been received, it hasn't been entered in the system yet for biometrics, which means I WILL have to go back for a second set of biometrics, just for the EAD. You know, because my fingerprints are going to change, in the meantime.

Does anyone know if the fact that I had to refile for the EAD, which means a later approval, will mean my combo card will get in later as well? Meaning, will they delay approving AP so they can approve them both at the same time?

[SparklePony 238]

Just a quick follow-up on this: I received a letter, not long after getting the case number for the second I-765, saying I did NOT need to go for a second Biometrics appointment as they would be able to use the already captured data. That was a huge relief.

I also received an email yesterday with the approval of AP, which means the delayed EAD did NOT interfere with AP getting approved. I expect I will receive two different documens, as they used to do, instead of the combo card.

[Pitaya 2,577]

That's good news!

[TBoneTX 45,267]

Thanks for the update with the great news.

[Hypnos 6,576]

As you suspect, it sounds as if you will receive two separate documents and not the combo card EAD/AP. It will be easy to tell, since your EAD will either state at the bottom "Serves as I-512 Advance Parole" (=AP) or "Not valid for re-entry to U.S.". If the second one, then your AP will be the older style of paper AP; this document is equally as valid as the combo card AP, it's just not used very much anymore.