Eeeek help!

[William&Emily 36]

So we sent all our adjustment stuff today! Yey (kinda)

Then I was looking around just randomly and found this "BE SURE TO USE CODE (C)(9) FOR A 1-YEAR EAD CARD (when filing concurrently with I-485)!!!"

I used a different code since on the instructions it says to only use that code: "If you have a pending application for adjustment of status, you should file under category (c)(9)"

I used the code a6 which I assume is similar since on the instructions it uses that code next to the K1 section because I figured pending application meant I have already sent one out.,
Will this cause any issues you think or will I be ok?

Thank you! 

[Ayrton 965]

They're probably gonna reject your EAD form and return it to you. You will need to resubmit it with the correct category.

[William&Emily 36]

1 hour ago, Ayrton said:

They're probably gonna reject your EAD form and return it to you. You will need to resubmit it with the correct category.

Would we have to pay again too? 

Im going to call on Monday and see if I can salvage it somehow

[Ayrton 965]

18 minutes ago, William&Emily said:

Would we have to pay again too? 

Im going to call on Monday and see if I can salvage it somehow

EAD and AP are free when filed along AOS or after.

[Ayrton 965]

11 minutes ago, Ayrton said:

EAD and AP are free when filed along AOS or after.

And you're gonna have to wait for you AOS NOA 1 before submitting your new EAD form.

[Pitaya 2,577]

14 hours ago, William&Emily said:

So we sent all our adjustment stuff today! Yey (kinda)

Then I was looking around just randomly and found this "BE SURE TO USE CODE (C)(9) FOR A 1-YEAR EAD CARD (when filing concurrently with I-485)!!!"

I used a different code since on the instructions it says to only use that code: "If you have a pending application for adjustment of status, you should file under category (c)(9)"

I used the code a6 which I assume is similar since on the instructions it uses that code next to the K1 section because I figured pending application meant I have already sent one out.,
Will this cause any issues you think or will I be ok?

Thank you! 

This is the second reported instance this week of the incorrect code used in the eligibility category for Form I-765. Is there something in the water????When in doubt, follow the official form instructions, https://www.uscis.gov/i-765 .

 

 

5 hours ago, Ayrton said:

And you're gonna have to wait for you AOS NOA 1 before submitting your new EAD form.

Agreed.  In order to avoid paying the form fee now you will need to submit a copy of your Form I-485 NOA1 receipt with your next Form I-765 resubmission. 

 

 

Good luck on your immigration journey. 

[William&Emily 36]

2 hours ago, Pitaya said:

This is the second reported instance this week of the incorrect code used in the eligibility category for Form I-765. Is there something in the water????When in doubt, follow the official form instructions, https://www.uscis.gov/i-765 .

 

 

Agreed.  In order to avoid paying the form fee now you will need to submit a copy of your Form I-485 NOA1 receipt with your next Form I-765 resubmission. 

 

 

Good luck on your immigration journey. 

I did use the instructions. It says to use c9 if you have a pending application for aos and i read that and figured well, no i don't. But it must be worded weird. Oh well >.<

[HRQX 4,145]

10 hours ago, William&Emily said:

Would we have to pay again too? 

Im going to call on Monday and see if I can salvage it somehow

Submitting Form I-765 (with fee) for an (a)(6) card is giving the government free money. Based on the I-765 processing times, they'll adjudicate the I-765 after your I-94 expiration date (12-07-2019). They'll keep the fee and deny the I-765 application for (a)(6) card.

 

For a (c)(9) card there is no fee; see Page 16 of the I-485 instructions: "If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485."

Edited November 24, 2019 by HRQX

[SalishSea 17,829]

3 hours ago, William&Emily said:

I did use the instructions. It says to use c9 if you have a pending application for aos and i read that and figured well, no i don't. But it must be worded weird. Oh well >.<

You didn't send an AOS application as well?

[ineedadisplayname 497]

21 hours ago, William&Emily said:

So we sent all our adjustment stuff today! Yey (kinda)

Then I was looking around just randomly and found this "BE SURE TO USE CODE (C)(9) FOR A 1-YEAR EAD CARD (when filing concurrently with I-485)!!!"

I used a different code since on the instructions it says to only use that code: "If you have a pending application for adjustment of status, you should file under category (c)(9)"

I used the code a6 which I assume is similar since on the instructions it uses that code next to the K1 section because I figured pending application meant I have already sent one out.,
Will this cause any issues you think or will I be ok?

Thank you! 

If you payed extra for the EAD I would try to intercept the package.

Not sure how u sent it but if with USPS you might give a try here.

https://www.usps.com/manage/package-intercept.htm

[William&Emily 36]

1 hour ago, Jorgedig said:

You didn't send an AOS application as well?

I sent an AOS application too. Just the way i read the instructions i thought well no i don't have anything pending. I didn't realise the aos i was sending with it changed that. It was a stupid mistake on my part. 

[geowrian 22,337]

(a)(6) is for an EAD based on K-1 status. It requires the fee and expires at the end of the 90 days of legal status from POE.

If they already deposited the payment, then there is nothing to do now. They will put the application in line for processing. When it reaches or surpasses 90 days and they get to it, they should deny the application. It is currently taking ~4-7 months for processing.

If they did not deposit the payment, then you can try to cancel it and recover that, minus possibly a fee (both for doing it and from USCIS).

 

When you file for an EAD alongside or otherwise due to an AOS application  that fall sunder (c)(9) and no additional fee is paid.

 

1 hour ago, William&Emily said:

I sent an AOS application too. Just the way i read the instructions i thought well no i don't have anything pending. I didn't realise the aos i was sending with it changed that. It was a stupid mistake on my part. 

If you provided payment for the I-765 with the I-485 payment in one packet, they may reject the entire packet due to incorrect payment.

Edited November 24, 2019 by geowrian

[William&Emily 36]

I only sent it yesterday. It's due to be delivered on Monday so they haven't taken the payment. I'm going to call on Monday and ask what they advise I do. If i can maybe send a correction or something. 

[Ayrton 965]

8 hours ago, William&Emily said:

I only sent it yesterday. It's due to be delivered on Monday so they haven't taken the payment. I'm going to call on Monday and ask what they advise I do. If i can maybe send a correction or something. 

Did you pay for EAD and AP? I would try to intercept the package like someone said. This process is already too expensive to waste money like that.

Edited November 24, 2019 by Ayrton

[Indy Sab 174]

i think my EAD will be rejected too, beacuse i followed instructions and i chose a6... should i go ahead and resend it before it gets rejected? finger prints are already done... what should I do?

 

Edited November 25, 2019 by Indira/Charlys