i-765 denied I-765 Keeps Getting Denied

[dalle87 0]

Hi All,

 

I really hope someone could help me here. Yes, there are attorneys out there, who could answer my questions, but I don't have the financial means to pay for one. I've also tried to seek free legal advice, but no one in New York City seems to have availability until January, 2020. I simply can't wait that long. To make a long story short, here are some basic facts about my situation:

 

1) Entered the US (last entry) on an O1 Visa (Feb. 2019)

2) My job was terminated in July, 2019

3) Got married in July and applied for I-485, I-130, and I-765

4) I accidentally applied under the wrong category, C35, the first few times. It wasn't until a USCIS officer told me the category might be wrong.  

 

I had my biometrics taken in September, so everything seems to be on track with the I-485 and I-130. 

The I-765, however, has been denied a handful of times, and while it may be my own fault, I'm starting to questioning every single part on the form. I simply don't know what to put in certain boxes. It's getting frustrating because we're living off of my husbands salary, and I really want/need to go back to work asap. My questions are as follow:

 

1) I had EAD before back in 2017, but under a different category. My request for employment should be "initial," correct? 

2) I entered the US on an O1 visa, but lost that status immediately followed by my termination. What is my current status, then?

3) Should I still attach my old EAD card even though it isn't relevant for this category?

4) The category I'm filing under is C9, correct?

 

Thank you, and have a wonderful day!

 

Best,

Daniel 

 

 

 

[Lil bear 4,346]

Moved to Adjustment of Status as OP is already in the US

[payxibka 10,047]

9 minutes ago, dalle87 said:

Hi All,

 

I really hope someone could help me here. Yes, there are attorneys out there, who could answer my questions, but I don't have the financial means to pay for one. I've also tried to seek free legal advice, but no one in New York City seems to have availability until January, 2020. I simply can't wait that long. To make a long story short, here are some basic facts about my situation:

 

1) Entered the US (last entry) on an O1 Visa (Feb. 2019)

2) My job was terminated in July, 2019

3) Got married in July and applied for I-485, I-130, and I-765

4) I accidentally applied under the wrong category, C35, the first few times. It wasn't until a USCIS officer told me the category might be wrong.  

 

I had my biometrics taken in September, so everything seems to be on track with the I-485 and I-130. 

The I-765, however, has been denied a handful of times, and while it may be my own fault, I'm starting to questioning every single part on the form. I simply don't know what to put in certain boxes. It's getting frustrating because we're living off of my husbands salary, and I really want/need to go back to work asap. My questions are as follow:

 

1) I had EAD before back in 2017, but under a different category. My request for employment should be "initial," correct? 

2) I entered the US on an O1 visa, but lost that status immediately followed by my termination. What is my current status, then?

3) Should I still attach my old EAD card even though it isn't relevant for this category?

4) The category I'm filing under is C9, correct?

 

Thank you, and have a wonderful day!

 

Best,

Daniel 

 

 

 

If ead application is based on the i485 then c9

[AffableAndy 107]

Page 11 of the instructions are applicable to you. https://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

 

1) Yes - this is your first c(9) EAD.

2) You are an Adjustment applicant - file your I-765 with a copy of your I-485 receipt.

3) No.

4) Yes.

[dalle87 0]

Hi AffableAndy,

 

Thank you for clarifying. 

 

I already have a SSN, but would like a new one since the one I have isn't valid for work in the US (it says so on the front-received it due to my OPT). Can I just tick the boxes in part 14 and 15 (while also providing my SSN) that I would like a new SSN or would that cause any issues?

 

Thank you! 

i-765.pdf

[Just Paul 4,595]

You do not get a new SSN.   You can get a new card after the GC is approved.

[AffableAndy 107]

When you start work, you just need to show your employer the EAD. The "valid for work only with dhs authorization" stamp means you can't only use your SSN as proof that you are eligible to work, so you need additional documentation (ie the EAD). Good luck!

[dalle87 0]

I just received an e-notification that my I-765 from has been received and I'm waiting for the notice of action letter to arrive. I know I made some mistakes on the form, and I tried calling USCIS but they weren't very helpful (as predicted). My questions are:

 

1) Is it fair to assume they will reject it since I put "renewal" instead of "initial request for employment?" I had EAD before but under a different category. 

 

2) I also wrote "no status" in part 19 instead of "Adjustment Applicant." Will that cause a rejection?

 

Thank you!