Oops!! We filed under A 6....is this a problem?

[bora bora 1]

I've been reading a lot of posts recently about filing for the EAD under A 9.

But...we filed under A 6 - because this is what I thought was correct.

Could this be a problem?

Is that why we haven't heard anything and it's been 62 days since we've filed?? I'm worried now

[rebeccajo 14]

Well, you should have filed as c9.

Hard to say what you are gonna get. You might receive an EAD good for the duration of your visa, which is worthless to you now.

If it's handy for you to Infopass, I'd suggest you do that. If you need to refile for EAD under the proper category, it'd be handy to do it before the fee increase takes effect.

[misa 2]

They probably haven't gotten to your EAD application yet. If you look at my timeline, I only just had my application looked at and approved for EAD and I filed a few weeks before you.

You'll probably need to refile if you want an EAD since as rebeccajo said, under that category it's only good for the duration of the I-94 which expires 90 days after entry.

[Mr and Mrs Bird 0]

I've been reading a lot of posts recently about filing for the EAD under A 9.

But...we filed under A 6 - because this is what I thought was correct.

Could this be a problem?

Is that why we haven't heard anything and it's been 62 days since we've filed?? I'm worried now

That's exactly what our lawyer did wrong. He did an a6 on our application.

He have now emailed them and ask them to change to c9.

We haven't heard anything from them yet, but we might have to mail them a new application if we are not getting any response from them.

Anette

[bora bora 1]

That really sucks!

I'm going to call USCIS tomorrow and will definetly make an appt with INFOPASS as well. Thanks.

[no name 1]

They probably haven't gotten to your EAD application yet. If you look at my timeline, I only just had my application looked at and approved for EAD and I filed a few weeks before you.

We have no way of knowing when the EAD is 'looked at' or 'approved' so please do not speculate.

You'll probably need to refile if you want an EAD since as rebeccajo said, under that category it's only good for the duration of the I-94 which expires 90 days after entry.

Do you have any evidence that she needs to refile?

[Dr_LHA 3]

I would guess as it didn't get rejected, they figured out the mistake and probably corrected it.

They do do this sometimes! You should see some of the errors I spotted on the forms I filled out after the fact! I filled out my EAD form totally wrong!

[Mr and Mrs Bird 0]

I would guess as it didn't get rejected, they figured out the mistake and probably corrected it.

They do do this sometimes! You should see some of the errors I spotted on the forms I filled out after the fact! I filled out my EAD form totally wrong!

I guess you are right because we filed june 1 and it's touched so many times without any letters from them. So hopefully they have change it themself

[bora bora 1]

Dr_LHA, you give me hope. I don't want to have to reapply - especially so close to 7/30.

I set up an INFOPASS appt just now - but because I live in Orlando there aren't any available for a week and a half.

I believe that the mistake wasn't so big - since I did send the AOS applicaiton with the I-765...

I hope they can fix this mistake and we don't have to wait any longer for my husband's EAD.

It wouldn't be fair to him for my mistake.

Thanks for your words...

I'll try to call tomorrow.

[LaL 418]

I would guess as it didn't get rejected, they figured out the mistake and probably corrected it.

They do do this sometimes!

this could be the case and has been reported on before - i believe it was nathmc31. I would go forward with your plan to call USCIS and do an infopass. good luck.

[bora bora 1]

I would guess as it didn't get rejected, they figured out the mistake and probably corrected it.

They do do this sometimes!

this could be the case and has been reported on before - i believe it was nathmc31. I would go forward with your plan to call USCIS and do an infopass. good luck.

Thanks you two. It's not that big of a mistake since we sent the EAD application along with the AOS paperwork - it's quite obvious that my husband is applying for his EAD while adjusting his status.

We'll keep our fingers crossed and I'll call first thing in the morning to see if I can contact USCIS while I'm waiting for our Infopass appt.

[bora bora 1]

My biggest worry, like I said, is that USCIS would send my husband's expired EAD (only because the I094 is expired). I called today and explained my situation to the woman at USCIS. She said she'd send my request to change the A 6 to C 9 to the NSC (where my case is pending).

Anyway....we're going to our infopass appt next week here in Orlando.

We'll see...

I mentioned how today is day 63 since our NOAs and I haven't heard anything. She told me that if by day 75 my husband hasn't received his EAD then we need to talk to our local office anyway to request that they mail it...

I think I've done all that I can - and now I have to wait.

I'm checking for updates - maybe they'll fix my application. Regardless the woman told me that USCIS would contact me by mail in up to 45 days (but probably less she said). Who knows...

[Yodrak 7]

Bora Bora,

I'm surprised that the person at the misinfo line was willing to speak with you about your husband's application. They shouldn't, and usually don't - it's his application, not yours.

There's no way to know what's going to happen to that application until it happens. The InfoPass appointment may help him to find out what's happened to it, if anything. And if there is a problem they can possibly get the problem remedied.

Here's my wife's story - different problem from your husband's but it does illustrate how an immigration officer at a District or Sub office can be helpful. Rodjanaa filed her I-765 as (a)(9) (she was a K3) shortly before submitting her I-485. Her I-485 was then refused for processing, several times. After hearing nothing about the I-765 for more than 90 days she made an infopass appointment and was told that it had been refused on the basis of no I-485 pending - someone had change the I-765 from (a)(9) to (c )(9). My wife showed the officer her photocopy of the submission, pointing out that she had submitted as (a)(9). The officer called the SC and got the application reconsidered, and a couple of weeks later it was approved and the EA card was issued.

Yodrak

My biggest worry, like I said, is that USCIS would send my husband's expired EAD (only because the I094 is expired). I called today and explained my situation to the woman at USCIS. She said she'd send my request to change the A 6 to C 9 to the NSC (where my case is pending).

Anyway....we're going to our infopass appt next week here in Orlando.

We'll see...

I mentioned how today is day 63 since our NOAs and I haven't heard anything. She told me that if by day 75 my husband hasn't received his EAD then we need to talk to our local office anyway to request that they mail it...

I think I've done all that I can - and now I have to wait.

I'm checking for updates - maybe they'll fix my application. Regardless the woman told me that USCIS would contact me by mail in up to 45 days (but probably less she said). Who knows...

Edited July 9, 2007 by Yodrak

[bora bora 1]

The woman who I spoke to asked my husband if it was ok that she spoke to me - on behalf of him. I'm the one who filed the paperwork for him - and his English is very limited - so there is no way, unless someone speaks Portuguese, that he'd be able to do it himself. Even then he'd have to keep asking me what I did, what happened, what to say...etc.

I'll just hold tight until next week when we go to the infopass appointment. Thanks.

edit: I was given a referral number (proof that I spoke to the woman at USCIS??) when our conversation was over.

Edited July 9, 2007 by Bora Bora

[*JG* 2]

I've been reading a lot of posts recently about filing for the EAD under A 9.

But...we filed under A 6 - because this is what I thought was correct.

Could this be a problem?

Is that why we haven't heard anything and it's been 62 days since we've filed?? I'm worried now

It's worthless. They will send you a notice saying it expired when you married.

They will make you refile under the A9 and repay the cost of the thing. I know from a very expensive experience.

Edited July 9, 2007 by Jomo's girl