Sent in the old I-765. Will our package get rejected???

[HRQX 4,145]

1 hour ago, Co6aka said:

and made clear that unless we get the replacement form postmarked BEFORE 2 October we must include payment for the I-765.

Was your I-485 accepted? What matters is that I-485 is filed before 10/02/20 and full I-485 fee is paid. If that is done, I-765 and/or I-131 can still be filed later without fee. Renewals and replacements are also free in those cases. See "Table 4: Filing Fee Exemptions" on Pages 161-171: https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-16389.pdf

[mbssss 108]

2 hours ago, Co6aka said:

My wife's I-765 was also rejected; we received the I-797C "Notice Of Inaction" today, 21 September, and it's dated 16 September.  Included was the attached page, printed on bright lime-green paper, that USCIS asks applicants to use as the cover page for their re-submission. I presume it's a flag used to identify such packages when they arrive.  We sent the re-submission back today, overnight via FedEx.

 

FWIW, since defective applications/forms are rejected outright, I suspect that it's possible to immediately send a new I-765 with this green paper as the first page, without waiting for the return of your defective one, and perhaps right underneath it include a brief letter explaining that this is an advance replacement form because you suspect that your previous one has been or will be rejected.

 

Also, the I-797C asks you to mail your re-submission to the address at the bottom of the page, which is the usual "P.O. Box 805887, Chicago, IL" BUT it can also be sent via FedEx, UPS, DHL, etcetera, to:

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

 

Source:  https://www.uscis.gov/i-765-addresses

Specifically the section titled:  "If You Have a Pending Adjustment of Status Application"

 

The rejection packet we received included the new fees page, and made clear that unless we get the replacement form postmarked BEFORE 2 October we must include payment for the I-765.

 

BRN30055C088FDD_023622.pdf 253.95 kB · 3 downloads

May I ask what date your wife filed her application? 

[mbssss 108]

2 hours ago, Co6aka said:

My wife's I-765 was also rejected; we received the I-797C "Notice Of Inaction" today, 21 September, and it's dated 16 September.  Included was the attached page, printed on bright lime-green paper, that USCIS asks applicants to use as the cover page for their re-submission. I presume it's a flag used to identify such packages when they arrive.  We sent the re-submission back today, overnight via FedEx.

 

FWIW, since defective applications/forms are rejected outright, I suspect that it's possible to immediately send a new I-765 with this green paper as the first page, without waiting for the return of your defective one, and perhaps right underneath it include a brief letter explaining that this is an advance replacement form because you suspect that your previous one has been or will be rejected.

 

Also, the I-797C asks you to mail your re-submission to the address at the bottom of the page, which is the usual "P.O. Box 805887, Chicago, IL" BUT it can also be sent via FedEx, UPS, DHL, etcetera, to:

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

 

Source:  https://www.uscis.gov/i-765-addresses

Specifically the section titled:  "If You Have a Pending Adjustment of Status Application"

 

The rejection packet we received included the new fees page, and made clear that unless we get the replacement form postmarked BEFORE 2 October we must include payment for the I-765.

 

BRN30055C088FDD_023622.pdf 253.95 kB · 3 downloads

Thank you for all the info though. That's super useful! Good luck with everything!! 

[BearxBelle 23]

10 hours ago, HRQX said:

Was your I-485 accepted? What matters is that I-485 is filed before 10/02/20 and full I-485 fee is paid. If that is done, I-765 and/or I-131 can still be filed later without fee. Renewals and replacements are also free in those cases. See "Table 4: Filing Fee Exemptions" on Pages 161-171: https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-16389.pdf

Yes! Fingers crossed our I-485 is accepted... Still not cashed this morning.

[mbssss 108]

10 hours ago, HRQX said:

Was your I-485 accepted? What matters is that I-485 is filed before 10/02/20 and full I-485 fee is paid. If that is done, I-765 and/or I-131 can still be filed later without fee. Renewals and replacements are also free in those cases. See "Table 4: Filing Fee Exemptions" on Pages 161-171: https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-16389.pdf

So as long as its FILED before 10/2, its fine? Since it takes a while for them to process things, I mean. 

[Co6aka 18]

12 hours ago, HRQX said:

Was your I-485 accepted?

No other indications or notifications yet; no SMS, no email, CC not charged, no other I-797C received.  We shipped the concurrent package (I-130, I-130A, I-485, I-844, I-944, I-131, I-765, G-1145, G-1450, plus documents) on 8/31, and it was delivered on 9/2.

 

1 hour ago, mbssss said:

So as long as its FILED before 10/2, its fine?

The new fees page in the rejection package stated that applications must be POSTMARKED BEFORE 10/2 to be eligible for the old fees, so if USCIS keeps its word then one should be able to mail/ship the package on 10/1 provided there's some evidence on the package reflecting that date.  Also in our rejection package was a photocopy of the FedEx label from our package, so apparently USCIS saves that information for their internal use, proof, etc. 

 

What I haven't seen is documentation indicating the I-765 fee will still be waived after 10/2 if a I-485 was previously paid, but I may have missed that since I've been concerned with too many other things.  If this could be an issue then it should be researched.

[Co6aka 18]

2 hours ago, mbssss said:

So as long as its FILED before 10/2, its fine? Since it takes a while for them to process things, I mean. 

Also... If I understand correctly, a filing date is when USCIS accepts the application into their system, NOT the date USCIS received the application.  The new fees page references the postmark date, the date the applicant mailed/shipped the application, as the cutoff date.  That USCIS cut the label off of our package and kept a copy of it reflects their documenting of those dates.

[mbssss 108]

19 minutes ago, Co6aka said:

Also... If I understand correctly, a filing date is when USCIS accepts the application into their system, NOT the date USCIS received the application.  The new fees page references the postmark date, the date the applicant mailed/shipped the application, as the cutoff date.  That USCIS cut the label off of our package and kept a copy of it reflects their documenting of those dates.

Got it. I guess its good to keep a copy and proof of shipment date in case they overlook this. 

[HRQX 4,145]

38 minutes ago, Co6aka said:

What I haven't seen is documentation indicating the I-765 fee will still be waived after 10/2 if a I-485 was previously paid, but I may have missed that since I've been concerned with too many other things.  If this could be an issue then it should be researched.

https://www.federalregister.gov/documents/2020/08/03/2020-16389/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration "Table 4—Filing Fee Exemptions"

See the following in I-131 row: "Applicants who filed USCIS Form I-485 on or after July 30, 2007, and before October 2, 2020 and paid the Form I-485 fee"

See the following in I-765 row: "An applicant who filed USCIS Form I-485 on or after July 30, 2007 and before [INSERT EFFECTIVE DATE OF 2018/2019 FEE RULE] and paid the Form I-485 filing fee"

[HRQX 4,145]

When the rule is implemented, the CFR will be changed to say the following regarding I-131; 8 CFR 106.2(a)(7)

Quote

Application for Travel Document, Form I-131. For filing an application for travel document:

(i) $145 for a Refugee Travel Document for someone 16 or older.

(ii) $115 for a Refugee Travel Document for a child under 16.

(iii) $590 for advance parole and any other travel document except Form I-131A.

(iv) There is no fee for applicants who filed USCIS Form I-485 on or after July 30, 2007, and before October 2, 2020, and paid the Form I-485 fee, or for applicants for Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Iraqi National employed by or on behalf of the U.S. Government or Afghan National employed by the U.S. Government or the International Security Assistance Forces (“ISAF”).

And the CFR will be changed to say the following regarding I-765; 8 CFR 106.2(a)(32)

Quote

Application for Employment Authorization, Form I-765: $550.

(i) A $30 biometric services must be included with a Form I-765 filed by:

(A) An asylum applicant with a pending Form I-589.

(B) An applicant for status as a long-term resident of the Commonwealth of the Northern Mariana Islands.

(ii) There is no fee for an initial Employment Authorization Document for:

(A) An applicant who filed USCIS Form I-485 on or after July 30, 2007, and before October 2, 2020, and paid the Form I-485 fee;

(B) Refugees and aliens paroled as a refugee;

(C) Aliens granted asylee status;

(D) Victims of Severe Forms of Trafficking (T-1);

(E) Nonimmigrant Victim of Criminal Activity (U-1);

(F ) Dependents of certain government and internal organizations or NATO personnel;

(G) N-8 (Parent of alien classed as SK3) and N-9 (Child of N-8) nonimmigrants;

(H) Principal VAWA Self-Petitioners who have approved petitions pursuant to section 204(a) of the Act;

(I) VAWA Self-Petitioners as defined in section 101(a)(51)(D), (E), and (F ) of the Act;

(J) Applicants for Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Iraqi National employed by or on behalf of the U.S. Government or Afghan National employed by the U.S. Government or the International Security Assistance Forces (“ISAF”); and

(iii) Request for replacement Employment Authorization Document based on USCIS error: No fee.

(iv) There is no fee for a renewal or replacement Employment Authorization Document for:

(A) Any current Adjustment of Status or Registry applicant who filed for adjustment of status on or after July 30, 2007, and before October 2, 2020, and paid the appropriate Form I-485 filing fee.

(B) Applicants for Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Translator or Interpreter, Iraqi National employed by or on behalf of the U.S. Government, or Afghan National employed by or on behalf of the U.S. government or employed by the International Security Assistance Forces: And

(C) Dependent of certain foreign government, international organization, or NATO personnel.

(v) An Application for Employment Authorization for Abused Nonimmigrant Spouse, Form I-765V: No fee.

(vi) The Form I-765 fee for initial and renewal requestors of Consideration of Deferred Action for Childhood Arrivals is $410. Requestors of Consideration of Deferred Action for Childhood Arrivals must also pay a biometric services fee of $85 for an initial, renewal of, or to replace their employment authorization document.

 

Edited September 22, 2020 by HRQX

[Co6aka 18]

Here's a new twist to the saga...  The I-797C we received states that the I-765 was rejected because it was filed with an outdated form.  BUT, entering the receipt number on the case status lookup page returns the following:  "On September 16, 2020, we rejected your Form I-765, Application for Employment Authorization, Receipt Number MSC#######, because you sent us the incorrect fee. We mailed your case back to you, including any supporting materials and the incorrect payment. Please follow the instructions to resubmit your case. If you do not receive your rejected case by October 16, 2020, contact the USCIS Contact Center..."

 

BUT, no fee is required because this is a concurrent AOS filing, and the correct $1760 fee (G-1450) was submitted with the filing.

 

So, could this mean that the entire AOS package has been rejected?  CC still hasn't been charged.

[HRQX 4,145]

2 minutes ago, Co6aka said:

and the correct $1760 fee (G-1450) was submitted with the filing.

2 Form G-1450 should have been submitted. One for I-130 ($535) and one for I-485 ($1225): https://www.uscis.gov/forms/filing-fees/pay-with-a-credit-card

"We will reject your entire package if you submit:

• One Form G-1450 for multiple applications, petitions, or requests"

"You must pay each filing fee separately for each application, petition, or request you submit."

[mbssss 108]

5 minutes ago, Co6aka said:

Here's a new twist to the saga...  The I-797C we received states that the I-765 was rejected because it was filed with an outdated form.  BUT, entering the receipt number on the case status lookup page returns the following:  "On September 16, 2020, we rejected your Form I-765, Application for Employment Authorization, Receipt Number MSC#######, because you sent us the incorrect fee. We mailed your case back to you, including any supporting materials and the incorrect payment. Please follow the instructions to resubmit your case. If you do not receive your rejected case by October 16, 2020, contact the USCIS Contact Center..."

 

BUT, no fee is required because this is a concurrent AOS filing, and the correct $1760 fee (G-1450) was submitted with the filing.

 

So, could this mean that the entire AOS package has been rejected?  CC still hasn't been charged.

Wait, so you received your electronic notices before your card was charged? 

Just now, HRQX said:

2 Form G-1450 should have been submitted. One for I-130 ($535) and one for I-485 ($1225): https://www.uscis.gov/forms/filing-fees/pay-with-a-credit-card

"We will reject your entire package if you submit:

• One Form G-1450 for multiple applications, petitions, or requests"

"You must pay each filing fee separately for each application, petition, or request you submit."

Yeah... your entire package might have been rejected then.

[Co6aka 18]

4 hours ago, mbssss said:

Wait, so you received your electronic notices before your card was charged?

No. CC has not been charged. We received an envelope containing a I-797C stating that the I-765 was submitted on a out of date form, that either no or the incorrect fee was submitted, and that if we can correct these issues to attach the green page to the top of our correction. Attached to the I-797C was our original I-765.  Nothing whatsoever was reported about any of the other forms, ONLY the I-765.

 

I called USCIS today and the rep was even more confused, so he said I should call first thing in the morning and request "Tier-2" so that hopefully someone could figure out the status of everything.  He said if there were a problem with the I-130/I-485 then I should have gotten a I-797C about those as well.  The green page thing seems like they're holding everything else awaiting corrections, instead of sending everything back.  So, perhaps all we have to do is send new I-1450s. 

 

(If there's an issue about fees, in the year 2020, why they can't just send people a online invoice they can pay on the website, like everywhere else today--geez!)

[Co6aka 18]

The mystery further-deepens:  My credit card was just charged $1760.  🤔  Hopefully it's time to raise a thousand cheers for the good decent people at USCIS. 🍻

 

Anyway... Hopefully, people who submitted the old I-765 form will receive the same I-797C package with the green page, and then can just re-submit the new form with the green page on top.