EAD rejected

[Scandi 4,167]

So, I sent i-485, i-131 and i-765 on December 20. I received text/email for i-131 and i-485 earlier this week but nothing about the i-765.

 

Today I got the EAD application back in my mailbox stating that I sent the wrong fee, how is that even possible? Did the rules for EAD change right before I filed? Do you have to pay for it nowadays even if you file for it with the AOS?

[Transborderwife 4,666]

Fees did go up recently 

[Pinkrlion 2,724]

No just resubmit with copy of NOA1 from I-485.

[f f 725]

resend your ead application with a copy of your i485 noa1 and add a not that the fees are waved when applying for ead with an aos.

 

good luck

[Scandi 4,167]

They accepted my i-485 and my i-131, so I assume the fees were correct? They also mentioned that the form I used was "outdated", but I used the form straight from their webpage at the time for filing and the expiration date in the corner says February 28, 2018. But maybe it's outdated anyway? 

 

This exact same thing happened to another Swede at the exact same time, maybe someone at USCIS just doesn't like Swedes? :-P

[Scandi 4,167]

And the eligibility category is supposed to be (c) (9), right? That's what I put on the form.

[Suss&Camm 2,213]

5 minutes ago, Scandi said:

And the eligibility category is supposed to be (c) (9), right? That's what I put on the form.

Yes (c ) (9 )... that is so strange! 

[LilyDim 20]

I think whoever handled your case messed up big time. 

[Anonymous885 44]

 I remembered that if you file together with I-485 which is C(9) then you won't pay the fee for EAD back on 2014 when I applied. I just read the instruction for the new I-765, it does not list C(9) as fee waiver. However, new I-131 says that you don't have to pay for the fee if you are filing together with I-485. It seems to me that you have to pay the fee now. I might be wrong but anyone  is welcome to confirm this information.

Edited January 14, 2017 by Anonymous885

[LilyDim 20]

No, that rule is still valid, it is under the Special Instructions for filing the I485 Form. 

 

https://www.uscis.gov/i-485

 

[Anonymous885 44]

The IO might be new/or  only read the instruction of I-765 like me. You might want to include the receipt of I-485 and  write a note to explain a fee waiver to IO.

[Scandi 4,167]

Yes I read the instructions for i-765 as well and can't see that it should be for free when filing for AOS at the same time, only if it's about a renewal of the EAD. So I guess this means I have to pay after all, which stings a bit. I completely missed that, had no idea. Thanks for all replies! 

[Suss&Camm 2,213]

15 minutes ago, Scandi said:

Yes I read the instructions for i-765 as well and can't see that it should be for free when filing for AOS at the same time, only if it's about a renewal of the EAD. So I guess this means I have to pay after all, which stings a bit. I completely missed that, had no idea. Thanks for all replies! 

No this was always in the i-485 instructions.

 

"NOTE: You may file Form I-765, Application for Employment Authorization, and/or a Form I-131, Application for Travel Document, without fee, if you file Form I-485 and you pay its required fee. You may file these forms together. If you choose to file Form I-765 and/or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of filing and paying for Form I-485."

[Scandi 4,167]

1 hour ago, Suss&Camm said:

No this was always in the i-485 instructions.

 

"NOTE: You may file Form I-765, Application for Employment Authorization, and/or a Form I-131, Application for Travel Document, without fee, if you file Form I-485 and you pay its required fee. You may file these forms together. If you choose to file Form I-765 and/or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of filing and paying for Form I-485."

I will give it one more try to see if I can get it for free, if not then I think I have to wait for the greencard as I don't think I want to pay $410 for it.

[LilyDim 20]

1 hour ago, Scandi said:

Yes I read the instructions for i-765 as well and can't see that it should be for free when filing for AOS at the same time, only if it's about a renewal of the EAD. So I guess this means I have to pay after all, which stings a bit. I completely missed that, had no idea. Thanks for all replies! 

 

Do NOT pay them that extra $410. Send a copy of NOA1 for the I-485 together with the new form. Also send them a print out of the Special Instructions section for the I-485 on the USCIS website where it states about the joint fee. Also send them a print out of the page about the updated forms where it says that the old forms are accepted until Feb 21. 

 

It sucks when you are the unlucky one that gets a poorly trained IO who messes up like this. It sucks because now they just send you the rejection notice and you can't do anything about it. There is no one to complain to. I tried and they gave me a physical address to write to a supervisor of the Chicago lockbox. They sent my documents back all messed up, wrinkled, scribbled on, without order, stapled together... it was a mess, I cried for hours. So I understand your frustration right now, especially with the stuff that's missing. It could be that they just lost the rest of it.