I am frustraded!!!!!!

[genio01]

hi everyone

in may I submitted the following forms:
I-130
I-485
I-693
ETC... my lawyer forgot to send the I-765 for EAD...
when I noticed that I called immediately so she sent the form I-765 itself in june but it got rejected because they say the payment amount was INCORRECT. then she wrote a letter and told that since Im applying for adjustment of status I dont have to pay that fee, but yesterday the form got rejected for the second time. I know i dont have to pay the fee which is so expensive 495 dolars. 2 of my friends they are in adjusting their status and they did not have to pay separately for the EAD I dont know what to do how let them know that i dont have to pay for that because i dont have all that money rn but I need the EAD ASAP... PLEASE SOMEBODY HELP ME

[DTX]

Hi,

You may want to review the I-765 your lawyer sent over. Question 16 (Eligibility Category) has to be filled out correctly, and you had to have sent over the copy of receipt notice showing that you have an application pending. You are correct though, you should not have to pay for that fee since you have a pending AOS application.

Step 7 of the instructions:

7. EAD Applicants Who Have Filed for Adjustment of Status
A. Adjustment Applicant--(c)(9). File Form I-765 with a copy of the receipt notice or other evidence that your
Form I-485, Application for Permanent Residence or Adjust Status, is pending. You may file Form I-765 together
with your Form I-485.
B. Adjustment Applicant Based on Continuous Residence Since January 1, 1972--(c)(16). File Form I-765 with
your Form I-485, Application to Register for Permanent Residence or Adjust Status; a copy of your receipt notice;
or other evidence that the Form I-485 is pending.
C. Renewal EAD for National Interest Waiver Physicians: If you are filing for a renewal EAD based on your
pending adjustment status and an approved National Interest Waiver Physician petition, you must also include
evidence of your meaningful progress toward completing the National Interest Waiver obligation. Such evidence
includes documentation of employment in any period during the previous 12 months (e.g., copies of W-2 forms).
If you did not work as a National Interest Waiver Physician during any period of the previous 12 months, you
must explain

Hope that helps out a bit.

*Disclosure I am not a lawyer, just providing information listed in the USCIS website and my understanding*

[sasvi]

hi everyone

in may I submitted the following forms:
I-130
I-485
I-693
ETC... my lawyer forgot to send the I-765 for EAD...
when I noticed that I called immediately so she sent the form I-765 itself in june but it got rejected because they say the payment amount was INCORRECT. then she wrote a letter and told that since Im applying for adjustment of status I dont have to pay that fee, but yesterday the form got rejected for the second time. I know i dont have to pay the fee which is so expensive 495 dolars. 2 of my friends they are in adjusting their status and they did not have to pay separately for the EAD I dont know what to do how let them know that i dont have to pay for that because i dont have all that money rn but I need the EAD ASAP... PLEASE SOMEBODY HELP ME

You will have to pay it if you want the 765. As you noticed, your lawyer made a mistake so there is no reason to be frustrated. You don`t have to pay the EAD fee when the I-765 form is submitted with your application package. Once it is received and processed, if there was no 765 form inside the package, you will have to pay the fee. It is your choice...pay the fee now and have the EAD in 4 months or wait for the GC. Since you were already waiting for a while trying to make USCIS correct someone`s else mistake, probably you can save some $$ just by waiting a little longer as there is a chance your GC will arrive before the EAD.

[Walbrzyszanka21]

You will have to pay it if you want the 765. As you noticed, your lawyer made a mistake so there is no reason to be frustrated. You don`t have to pay the EAD fee when the I-765 form is submitted with your application package. Once it is received and processed, if there was no 765 form inside the package, you will have to pay the fee. It is your choice...pay the fee now and have the EAD in 4 months or wait for the GC. Since you were already waiting for a while trying to make USCIS correct someone`s else mistake, probably you can save some $$ just by waiting a little longer as there is a chance your GC will arrive before the EAD.

They should not have to pay for I-765 if they applied for adjustment of status. As the person before you stated, you only have to include a copy of the I-797 receipt for the I-485 and include the $85 fee for biometrics. That is my understanding.

[scientist2016]

You will have to pay it if you want the 765. As you noticed, your lawyer made a mistake so there is no reason to be frustrated. You don`t have to pay the EAD fee when the I-765 form is submitted with your application package. Once it is received and processed, if there was no 765 form inside the package, you will have to pay the fee. It is your choice...pay the fee now and have the EAD in 4 months or wait for the GC. Since you were already waiting for a while trying to make USCIS correct someone`s else mistake, probably you can save some $$ just by waiting a little longer as there is a chance your GC will arrive before the EAD.

Nope this information is incorrect. You can file for EAD even after you submitted the rest of the AOS package. There is no fee. As others have pointed out, you need to select the proper category and include your I485 receipt.