I-765 Rejection Notice

[yutekao 43]

Hello guys,

 

So my wife has received the rejection notice for her I-765 (she filed the I-765 & I-131 together with I-485)

 

Long story short.....

 

We are going to re-submit the I-765 with I-485 Receipt number.

 

but my questions are:

 

On question #11 on form I-765 asking 

 

"Have you ever before applied for employment authorization from USCIS?"

 

In our situation, we should put down as "NO" correct?

 

Also does my wife need cover letter stating what I have in the package? 

 

If anyone has ever go through this please help me out 

 

 

Thanks in advance!

[Ebunoluwa 6,136]

You have applied so it is YES, attach the rejection notice with the new form and correct the reason for rejection.

[Scandi 4,166]

You put "no" because the first try doesn't count since it was never accepted.

 

I had the exact same issue happen to me, I resubmitted and was approved a few days ago. Good luck!

 

EDIT: I did attach a cover letter, not necessary but I'm a little OCD with these things, haha.

Edited May 24, 2017 by Scandi

[yutekao 43]

4 hours ago, Scandi said:

You put "no" because the first try doesn't count since it was never accepted.

 

I had the exact same issue happen to me, I resubmitted and was approved a few days ago. Good luck!

 

EDIT: I did attach a cover letter, not necessary but I'm a little OCD with these things, haha.

 

Thank you for your response!

 

Did you submit the original of the I-765 rejection notice or copy version?

[Scandi 4,166]

28 minutes ago, yutekao said:

 

Thank you for your response!

 

Did you submit the original of the I-765 rejection notice or copy version?

I just sent a copy together with the other documents. You should always keep everything original and only send copies unless specifically asked otherwise. With the rejection notice it doesn't really matter much though as it has no signatures or stamps, there's not really an "original" in that sense.

[notquitesurehow 9]

On 24.05.2017 г. at 1:04 PM, yutekao said:

Hello guys,

 

So my wife has received the rejection notice for her I-765 (she filed the I-765 & I-131 together with I-485)

 

Long story short.....

 

We are going to re-submit the I-765 with I-485 Receipt number.

 

but my questions are:

 

On question #11 on form I-765 asking 

 

"Have you ever before applied for employment authorization from USCIS?"

 

In our situation, we should put down as "NO" correct?

 

Also does my wife need cover letter stating what I have in the package? 

 

If anyone has ever go through this please help me out 

 

 

Thanks in advance!

I had the exact same thing happen to me - just got my rejection notice in the mail yesterday.
The thing that really frustrates me, however, is that they did not take note of my I-485 Application, even though I submitted all three applications together (I-485, I-765, I-131 - funny thing, the I-131 was approved...), and stated that I did not provide the application fee for the I-765, as well as I used the outdated version the form. The version of the form I'd been checking every two weeks or so in the last 5 months. The tricky part is, the expiration date on the previous version of the form (from 12/23/16) is exactly the same as the one of the newest edition, so every time I'd open the form on the USCIS website, I'd see the expiration date is the same as the one on the form I got, and thought it was the same edition, without actually checking the date on the bottom of the page.
So, I was just filling out the UPDATED edition of the form and got stuck on the same question. I think I'm also going to go with "No" - technically, "denied" should be when your paperwork has been accepted for processing and EAD was not granted for reasons other than a simple mistake on the application.
Please excuse my ranting, I just got excited seeing we're sailing in the same boat. Thank you for asking the important question and good luck with your re-submission!

[Scandi 4,166]

Yes, denied and rejected are two different things. Denial is when they have accepted your application, reviewed it and found you ineligible and therefore denied your application. Rejection is only a refusal to even accept your case, therefore no processing and no application filed. You sent the application but it was never filed since it was never accepted into the system. 

 

"No" worked fine for me, I got my EAD card in the mail yesterday.

[yutekao 43]

1 hour ago, kris.n said:

I had the exact same thing happen to me - just got my rejection notice in the mail yesterday.
The thing that really frustrates me, however, is that they did not take note of my I-485 Application, even though I submitted all three applications together (I-485, I-765, I-131 - funny thing, the I-131 was approved...), and stated that I did not provide the application fee for the I-765, as well as I used the outdated version the form. The version of the form I'd been checking every two weeks or so in the last 5 months. The tricky part is, the expiration date on the previous version of the form (from 12/23/16) is exactly the same as the one of the newest edition, so every time I'd open the form on the USCIS website, I'd see the expiration date is the same as the one on the form I got, and thought it was the same edition, without actually checking the date on the bottom of the page.
So, I was just filling out the UPDATED edition of the form and got stuck on the same question. I think I'm also going to go with "No" - technically, "denied" should be when your paperwork has been accepted for processing and EAD was not granted for reasons other than a simple mistake on the application.
Please excuse my ranting, I just got excited seeing we're sailing in the same boat. Thank you for asking the important question and good luck with your re-submission!

 

Good luck to you on everything as well! We had the same problem....I thought my wife was the only one that went through this  My wife re-submit her I-765 with the updated version yesterday and she also sent in cover letter, new passport photos, I-485 Notice to proof that we made the correct fee, I-765 rejection notice, her passport bio page and stamps and also that "Green Letter" we suppose to put on top of the package.

 

I know my wife probably don't need some of the stuff she sent in but we don't know if the USCIS officer will ask for more stuff so we just went ahead and sent them. Hopefully my wife will receive her I-765 receipt notice soon.

 

Looks like she will be doing two biometrics  4 hour drive total to do a 5 min biometrics.....

[notquitesurehow 9]

32 minutes ago, yutekao said:

 

Good luck to you on everything as well! We had the same problem....I thought my wife was the only one that went through this  My wife re-submit her I-765 with the updated version yesterday and she also sent in cover letter, new passport photos, I-485 Notice to proof that we made the correct fee, I-765 rejection notice, her passport bio page and stamps and also that "Green Letter" we suppose to put on top of the package.

 

I know my wife probably don't need some of the stuff she sent in but we don't know if the USCIS officer will ask for more stuff so we just went ahead and sent them. Hopefully my wife will receive her I-765 receipt notice soon.

 

Looks like she will be doing two biometrics  4 hour drive total to do a 5 min biometrics.....

Yeah, I have the exact same stuff prepared as well, going to mail them today... Better to not risk another rejection or an RFE! Why would we need two biometrics apppointments, though?

[Scandi 4,166]

6 hours ago, kris.n said:

Yeah, I have the exact same stuff prepared as well, going to mail them today... Better to not risk another rejection or an RFE! Why would we need two biometrics apppointments, though?

One for the i-485 and one for the i-765. If you file them together you only do biometrics once (normally), but when the i-765 is sent in after the i-485 you might have to do two separate bios (I had to do that). The bio for i-485 is all finger tips, the bio for i-765 is only the index finger.

 

I have heard of people getting a letter stating they don't have to go for a second bio though, so it's not guaranteed you'll get two appointments.

[sfcscott 34]

Its good to know I wasn't the only one that had this happen!   I recently submitted the applications for AOS, EAD and AP.  The AOS and AP were received and processed, but for some reason they rejected our EAD stating that we had not included the correct fee.   I called the help line just to confirm that a fee was not required when filed with the AOS.  She stated that was correct and that I should return the RFE along with a copy of the NOA1 for the AOS that shows the correct fee was paid. I too had also included a cover letter to explain the situation.   I haven't heard anything yet since we returned the RFE, but I am keeping my fingers crossed. 

[Cam54 84]

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Edited June 2, 2017 by Cam54

[yutekao 43]

My wife resubmitted her I-765 on 05/30 and it was delivered to the USCIS Chicago Lockbox on 05/31 and she received her NOA1 Text notification yesterday 

 

Hopefully she will receive her NOA1 Letter sometime next week!

[Rm41 0]

 

On 6/4/2017 at 12:08 PM, yutekao said:

My wife resubmitted her I-765 on 05/30 and it was delivered to the USCIS Chicago Lockbox on 05/31 and she received her NOA1 Text notification yesterday 

 

Hopefully she will receive her NOA1 Letter sometime next week!

Hi! I know this post is a little old, but the same thing happened to me  Do you remember how long it took to receive the NOA1 letter  after you resubmitted the i765? I forgot to send the g-1145 and now I'm worried.