Can I file for I-765 under I-140 EB2 NIW?

[Sixt 0]

Please house, can I file for I-765 under I-140 EB2 NIW? I did not include form I-485 in my application. Do I need to wait till my I-140 is approved before I can file for I-765, or can I go ahead and file for I-485 concurrently just so I could file for my I-765?

 

P.S

I initially submitted form I-765 alongside my NIW application (though I did not put any Eligibility Category because I was not sure). USCIS rejected the form i-765 and said I should put the correct Eligibility Category and fees (I am also not sure of the right fee if any). I was also directed to form G-1055 for fee information, but I couldn't exactly pinpoint the right infor.

 

Please assist,

Sixt

[Boiler 46,260]

EAD is something you apply for and pay for in addition to your application to adjust.

[Demise 1,353]

Long story short: Generally no.

 

Generally in order to be eligible for an EAD after filing an I-140, you also need to file I-485 (and the EAD would be based upon a pending I-485 (category (c)(9)), however you are not eligible to file I-485 until EB-2 either "Final action dates" or "dates for filing" chart passes your I-140 priority date (which for an EB-2 NIV would be the date the I-140 was filed, USCIS determines which chart to use and they do vary from month to month).

 

Now, there is the (c)(35) category for E-3/H-1B/H-1B1/L-1/O-1 facing compelling circumstances but I don't believe many of those are granted: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employment-authorization-in-compelling-circumstances, also there's the main issue that by using such an EAD you do fall out of status and essentially end up in something akin to deferred action: You can work, are not accruing unlawful presence, but in order to get your green card you'd need to leave US and undergo consular processing.

 

 

So my main question is: Why exactly do you feel that you need an EAD right now? Are you concerned about something like hitting the 6 year cap on H-1B or something?

[appleblossom 3,314]

11 hours ago, Sixt said:

Please house, can I file for I-765 under I-140 EB2 NIW? I did not include form I-485 in my application. Do I need to wait till my I-140 is approved before I can file for I-765, or can I go ahead and file for I-485 concurrently just so I could file for my I-765?

 

P.S

I initially submitted form I-765 alongside my NIW application (though I did not put any Eligibility Category because I was not sure). USCIS rejected the form i-765 and said I should put the correct Eligibility Category and fees (I am also not sure of the right fee if any). I was also directed to form G-1055 for fee information, but I couldn't exactly pinpoint the right infor.

 

Please assist,

Sixt

 

As said above, no. But where are you now and what is your visa status if you’re in the US?

 

And when was the I-140 filed, and which country were you born in?

[Sixt 0]

Hello All,

 

Just yesterday I received back all my applications for I 140 with a rejection notice after waiting for 3months (it was delivered to USCIS on the 31st of October) for my receipt notice. I reside in US. Reason for the rejection was "The payment amount is incorrect". 

The amount on the cashier's check I put in was 715 dollars processing fee. Did I miss out any fees? like Biometrics? Not Sure! Has the fees change please?

 

Please assist.

 

[OldUser 7,880]

1 hour ago, Sixt said:

Hello All,

 

Just yesterday I received back all my applications for I 140 with a rejection notice after waiting for 3months (it was delivered to USCIS on the 31st of October) for my receipt notice. I reside in US. Reason for the rejection was "The payment amount is incorrect". 

The amount on the cashier's check I put in was 715 dollars processing fee. Did I miss out any fees? like Biometrics? Not Sure! Has the fees change please?

 

Please assist.

 

Are you in lawful status now?

 

Check fees here:

https://www.uscis.gov/g-1055

 

AFAIK you needed to pay $715 + $300 (self-petitioner)

 

 

[OldUser 7,880]

On 1/30/2025 at 5:54 AM, appleblossom said:

what is your visa status if you’re in the US?

 

This is an important question @Sixt

Edited January 31 by OldUser

[Sixt 0]

my previous EAD expired, and I have pending I140 and I360 cases. But I am seeing I need to pay seperately $715 + $300 (self-petitioner)? Is that correct please?

[OldUser 7,880]

57 minutes ago, Sixt said:

my previous EAD expired, and I have pending I140 and I360 cases. But I am seeing I need to pay seperately $715 + $300 (self-petitioner)? Is that correct please?

Yes the fees are $715 + $300

 

Are you in valid immigration status right now?

[appleblossom 3,314]

1 hour ago, Sixt said:

my previous EAD expired, and I have pending I140 and I360 cases. 

 

That doesn’t answer the question, what is your CURRENT status right now? Work visa/visitor visa, etc? You don’t have a pending I-140 if it’s just been rejected. 

 

What basis have you used for I-360 and when was that filed? And why are you also filing I-140 if you’ve filed I-360?

[igoyougoduke 1,676]

On 1/31/2025 at 8:41 AM, Sixt said:

Hello All,

 

Just yesterday I received back all my applications for I 140 with a rejection notice after waiting for 3months (it was delivered to USCIS on the 31st of October) for my receipt notice. I reside in US. Reason for the rejection was "The payment amount is incorrect". 

The amount on the cashier's check I put in was 715 dollars processing fee. Did I miss out any fees? like Biometrics? Not Sure! Has the fees change please?

 

Please assist.

 

715+300 is the total fee if you are filing NIQ. so yeah they rejected cause your payment should be 1015$

[Sixt 0]

Hi All,

 

Please the i765 application I mailed via USPS has been misplaced by USPS. My question is, can I quickly resend photocopies to USCIS or do I need to just sign another fresh applications and get all signatories to sign again?

[appleblossom 3,314]

2 hours ago, Sixt said:

Hi All,

 

Please the i765 application I mailed via USPS has been misplaced by USPS. My question is, can I quickly resend photocopies to USCIS or do I need to just sign another fresh applications and get all signatories to sign again?

We don’t even know if you’re eligible to file any of this. If you’re not prepared to share the basic info which you’ve been asked about then how do you expect people to be able to help?