Mistake in I-756. What to do?

[ElliePro 32]

Hi everyone!

I just realized that I made a mistake on I-765 (filing concurrently with I-485/I-130). I had an EAD already on F-1/OPT, so I checked "renewal" rather than "new card" as it seemed weird to me to attach a copy of my EAD and say "new EAD". But now I understand that my new one would be under a different category, so "renewal" is non-applicable.

Other than that, everything else was correct. Category c(9), all the correct dates and office for the previous EAD and its copy attached.

I'm nearing on 60 days since submission of all the documents, we haven't gotten any RFEs, I-485 is ready to be scheduled for an interview.

What should I do? Nothing? Or call USICS? Or re-submit?

Super nervous about this as my OPT job is waiting on me to come back as soon as I get my new EAD.

[Cheezees 1,514]

I think you'll be fine but I honestly cannot remember what category I checked. You say your OPT job is waiting for you after you get your new card. Is your most recent EAD card expired? If so, I think the USCIS provision below would make the renewal the correct option. (You are still eligible due to your AOS filing) Good luck!

"If you are still eligible for work authorization but your EAD has expired, you should file for a renewal EAD by submitting a Form I-765, Application for Employment Authorization. You cannot file for a renewal EAD more than 120 days before your original EAD expires."

[ElliePro 32]

Thanks! Yes, my OPT EAD expired on June. And that's why I checked renewal as well. But after re-reading the I-765 instructions I feel like I should have checked "new EAD" as for renewal it says "issued under the same category".

I think you'll be fine but I honestly cannot remember what category I checked. You say your OPT job is waiting for you after you get your new card. Is your most recent EAD card expired? If so, I think the USCIS provision below would make the renewal the correct option. (You are still eligible due to your AOS filing) Good luck!

"If you are still eligible for work authorization but your EAD has expired, you should file for a renewal EAD by submitting a Form I-765, Application for Employment Authorization. You cannot file for a renewal EAD more than 120 days before your original EAD expires."

[Cheezees 1,514]

Thanks! Yes, my OPT EAD expired on June. And that's why I checked renewal as well. But after re-reading the I-765 instructions I feel like I should have checked "new EAD" as for renewal it says "issued under the same category".

Oh, I see! Well, I think USCIS has seen this mix up enough times (you certainly aren't the first person!) that it will not result in an RFE. Hopefully you get your EAD soon.

[ElliePro 32]

Thank you! You make me feel better:)

Oh, I see! Well, I think USCIS has seen this mix up enough times (you certainly aren't the first person!) that it will not result in an RFE. Hopefully you get your EAD soon.

[ManCharsey 254]

You should be fine. No one gets an RFE for an EAD. I almost feel like USCIS just grants the EAD right after we cut them the check. It's the main application (i-130 and i-485) that would be scrutinized the most. Good luck!

[lulu123 1]

Don't worry. I filed back in January. My EAD for OPT will expire in July. I checked renewal, and my new combo card came in April. No RFE at all.

but I485 still stuck at fingerprint fee received as of today... TT_TT

[EM_Vandaveer 2,378]

You should be fine. No one gets an RFE for an EAD. I almost feel like USCIS just grants the EAD right after we cut them the check. It's the main application (i-130 and i-485) that would be scrutinized the most. Good luck!

If something in the underlying petition warrants an RFE (often mistakes with I-864) that delays the EAD, EAD is only issued if everything else looks OK with I-130, I-485 and the other forms.

[ElliePro 32]

That is not a worry in my case, as my case is ready to be scheduled for an interview

If something in the underlying petition warrants an RFE (often mistakes with I-864) that delays the EAD, EAD is only issued if everything else looks OK with I-130, I-485 and the other forms.

Thank you! This definitely makes me feel better:)

Don't worry. I filed back in January. My EAD for OPT will expire in July. I checked renewal, and my new combo card came in April. No RFE at all.

but I485 still stuck at fingerprint fee received as of today... TT_TT