i-765 error - guidance on how to proceed?

[wazzujoel 92]

immigrant had a valid i-765 work authorization. Their work authorization was expiring in a few months, and so we wanted to submit a renewal for their work authorization. The original basis for their work-authorization is no longer valid, and instead we were applying based on pending i-485 residency. The issue as you can see from the attached picture from the form, we selected "renewal of my permission to accept employment" because those words were exactly what we were doing... However if you read the definitions in the instructions it clearly states that "initial permission" is when you are asking for work permission depending on a new basis. "Renewal" is only supposed to be for when you are renewing your work authorization under the same class that you were previously approved for. 

 

Anyways, We did it wrong. The rest of the application is correct, and the filing fee is correct.... Is this something I can correct now somehow? or is this something that an agent would just roll his eyes over and file it as a initial permission?   

Edited Monday at 02:58 PM by wazzujoel

[Crazy Cat 42,962]

Yes. A new basis category = Initial application.  My neighbor just went through this.  She originally had an EAD based on an asylum case.  After she married a US citizen, she applied for a new EAD based on C9 or C09 category.  No problems.   

 

Hard to say what will happen.  Good luck.  Short of a new application, I'm not sure you can correct it.

Edited Monday at 06:57 PM by Crazy Cat

[wazzujoel 92]

1 hour ago, Crazy Cat said:

Yes. A new basis category = Initial application.  My neighbor just went through this.  She originally had an EAD based on an asylum case.  After she married a US citizen, she applied for a new EAD based on C9 or C09 category.  No problems.   

 

Hard to say what will happen.  Good luck.  Short of a new application, I'm not sure you can correct it.

 

Thanks. I feel like the best plan here is to just wait it out. Feel like reapplying before the first application is approved/denied, might cause even more confusion. Maybe just sit back, see what happens, if denial then reapply if still relevant. 

[Crazy Cat 42,962]

8 minutes ago, wazzujoel said:

Maybe just sit back, see what happens, if denial then reapply if still relevant. 

Agree.