AOS questions on I-765

[mmpv]

We are filing the I-765 under category C 9, i.e., with the I-485.

 

First, a little background. We already have employment authorization

stamped on the I-94.

 

So we have a couple of questions on the required documentation to

be submitted with the I-765.

 

Here's what should be submitted based on the instructions.

A. A copy of Form I-94, Arrival-Departure Record (front

and back), if available. If you are filing Form I-765

under the© (9) category, Form I-94 is not required.

 

B. A copy of your last EAD (front and back). If no prior

EAD has been issued, you must submit a copy of a

Federal Government-issued identity document, such as a

passport showing your picture, name, and date of birth; a

birth certificate with photo ID; a visa issued by a foreign

consulate; or a national ID document with photo and/or

fingerprint. The identity document photocopy must

clearly show the facial features of the applicant and the

biographical information.

 

C. You must submit two identical color photographs of

yourself taken within 30 days of filing your application.

The photos must have a white to off-white background,

be printed on thin paper with a glossy finish, and be

unmounted and unretouched.

 

Is the I-94 with the stamped employment authorization considered to be an EAD per item B above? If so, we are going to submit 2 photos along with a copy of the front and back of the I-94 only.

 

Comments?

[Randy W]

No - you are not renewing an EAD. You are applying for a new one.

 

B is asking for a copy of photo identification - your I-94 is not.

 

All K-1 visas come with 90 day, non-renewable employment authorization, stamp or no.

[mmpv]

No - you are not renewing an EAD. You are applying for a new one.

 

B is asking for a copy of photo identification - your I-94 is not.

 

All K-1 visas come with 90 day, non-renewable employment authorization, stamp or no.

 

 

Thanks Randy.

Guess it's a copy of the Passport bio page and 2 photos then.

[mmpv]

No - you are not renewing an EAD. You are applying for a new one.

 

B is asking for a copy of photo identification - your I-94 is not.

 

All K-1 visas come with 90 day, non-renewable employment authorization, stamp or no.

 

 

Thanks Randy.

Guess it's a copy of the Passport bio page and 2 photos then.

 

Another question regarding the fee.

 

Per the instructions:

 

The filing fee for Form I-765 is $340.

Exceptions:

Renewal EAD: If this is a renewal application and you are

applying under one of the following categories, a filing fee is

not required:

5. ©(9) or ©(16) Adjustment applicant who filed for

adjustment under the fee structure implemented

July 30, 2007.

 

There are no exceptions for category C 9 listed under initial EAD, however.

 

The filing of the I-765 with the I-485 should be fee free.

Am I missing something?

[Randy W]

No - you are not renewing an EAD. You are applying for a new one.

 

B is asking for a copy of photo identification - your I-94 is not.

 

All K-1 visas come with 90 day, non-renewable employment authorization, stamp or no.

 

 

Thanks Randy.

Guess it's a copy of the Passport bio page and 2 photos then.

 

Another question regarding the fee.

 

Per the instructions:

 

The filing fee for Form I-765 is $340.

Exceptions:

Renewal EAD: If this is a renewal application and you are

applying under one of the following categories, a filing fee is

not required:

5. ©(9) or ©(16) Adjustment applicant who filed for

adjustment under the fee structure implemented

July 30, 2007.

 

There are no exceptions for category C 9 listed under initial EAD, however.

 

The filing of the I-765 with the I-485 should be fee free.

Am I missing something?

 

 

Yes - the (very) Special Instructions tell you that

f you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

Edited April 26, 2010 by Randy W (see edit history)

[mmpv]

care to enlighten me? ;-)

 

No - you are not renewing an EAD. You are applying for a new one.

 

B is asking for a copy of photo identification - your I-94 is not.

 

All K-1 visas come with 90 day, non-renewable employment authorization, stamp or no.

 

 

Thanks Randy.

Guess it's a copy of the Passport bio page and 2 photos then.

 

Another question regarding the fee.

 

Per the instructions:

 

The filing fee for Form I-765 is $340.

Exceptions:

Renewal EAD: If this is a renewal application and you are

applying under one of the following categories, a filing fee is

not required:

5. ©(9) or ©(16) Adjustment applicant who filed for

adjustment under the fee structure implemented

July 30, 2007.

 

There are no exceptions for category C 9 listed under initial EAD, however.

 

The filing of the I-765 with the I-485 should be fee free.

Am I missing something?

 

 

Yes

[Randy W]

care to enlighten me? ;-)

 

 

 

Yeah - I did (2 posts up) - sorry

[mmpv]

care to enlighten me? ;-)

 

 

 

Yeah - I did (2 posts up) - sorry

 

So I still don't get it.

 

So filing the I-765 would cost an additional $340 because this is an Initial EAD and category C 9 is not an exempt Category?

[Randy W]

Did you miss it again? (Sorry, I went back and edited my post after I found the instructions

 

 

Yes - the (very) Special Instructions tell you that

]f you filed a Form I-485[/b], Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

 

It's not clear why they would leave that information off of the not-so-special instructions, but they did.

[mmpv]

Did you miss it again? (Sorry, I went back and edited my post after I found the instructions

 

 

Yes - the (very) Special Instructions tell you that

]f you filed a Form I-485[/b], Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

 

It's not clear why they would leave that information off of the not-so-special instructions, but they did.

 

Ahh, yes, just saw your update.

I saw this "special instructions" block on the I-485 instructions also. I would have expect them to explicitly spell it out in the I-765 fee structure instructions, especially when they took the trouble to update the form in Feb of this year. Oh, well. Thanks.

[dnoblett]

care to enlighten me? ;-)

 

 

 

Yeah - I did (2 posts up) - sorry

 

So I still don't get it.

 

So filing the I-765 would cost an additional $340 because this is an Initial EAD and category C 9 is not an exempt Category?

You pay $1010 when filing I-485, this covers I-765 and I-131, no fees paid for the EAD or AP when I-485 is being processed.

 

Note you CANNOT file I-765 or I-131 BEFORE you file I-485.

 

If you file separate from the I-485, you need to attach a copy of I-485 NOA1 letter to the I-765 and/or I-131 to show that you have a pending I-485 adjustment.