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Posted

Hi all 

 

Quick background: 

 

L-1 visa

Married to US citizen 

Im from UK

 

Applied adjustment of status using i-485 and i-130. 

 

The rejection notice reads: 

CASE TYPE

1-765 - Application for employment authorization 

 

In short, application returned for reasons specified on form I-797, all riding applications cannot continue. 

 

Is this because I am already working on the L-1 visa? 

I guess resubmit without the I-797? 

 

Thanks,

Andrew

 

 

Posted

What is the reason for the rejection on the I-797? Please post that part of the rejection notice.

 

Under what category did you file the I-765? It should have been an initial application under the (c)(9) category.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

Yes C9.  Quote on quote it says: 

 

The entire application package you filed along with any fees you submited are being returned to you for the following reason(s):

The principal application could not be accepted for the reason(s) specified on notice of action (I-797). thereofre, the processing of all other riding applications cannot continue. 

 

Thats it... Notice type = rejection. 

 

No apparent reason other than looks like submit the rest of the application without the I-765. 

 

Posted

Gotcha, thanks!

 

It sounds like the underlying I-485 was rejected as well, but you didn't get a notice / didn't get a notice yet.

Did you get anything back for the I-485 yet (i.e. an I-797 showing acceptance/denial of the application)?

 

If the I-485 was accepted, then it may just be a mistake on their part. Re-send the I-765 (ensuring the edition of the form is still accepted...they stopped accepting a the prior version in early December 2017) along with a copy of the I-485's NOA1 (I-797 showing acceptance of the application).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

Strangley enough, the case type mentions I-765 application for employment authorization. 

 

Case type should be I-485 and I-130 adjustment of status? 

There is also no green slip. 

 

I filed all forms together. I know they are not processing I-130 and I-485 because they returned the check for them. 

 

Is there a phone number I can call? I tried the customer service line, 800 375 5283 however, its a series of automated responses which lead you to the website. 

Posted

An I-765 being rejected would not impact the I-485 or I-130, but the opposite is true.

The I-485 is dependent on the I-130. No I-130 -> no I-485 can be field.

The I-765 is dependent on the I-485. No I-485 -> no I-765 can be filed.

 

So if the I-130 is rejected then the I-485 and I-765 will be rejected as well. It sounds like this is what happened with you (since they returned the check). Did you get the rejection notices for the I-130/I-485? That would have the underlying cause for rejection. Fix that and then you can refile.

 

The phone number you provided is correct. Once you choose your language, you need to go through the prompts to get an actual person. If you keep hitting "2", this should get you to a person.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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