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work permit is no longer free for c(9) category?

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  • work permit is no longer free for c(9) category?

    Hi All,

    I sent in my adjustment status application couple weeks ago. Just got a mail from USCIS that they rejected my I-765 application because the form is out of date and filing fee is not provided. So I went ahead and fill out the new application and read the new instruction, only to find out that they now charge $410 for work permit and c(9) category is not in the exception. Should I not proceed with the work permit? What do you guys think about it

  • #2
    Originally posted by Xlasher View Post
    Hi All,

    I sent in my adjustment status application couple weeks ago. Just got a mail from USCIS that they rejected my I-765 application because the form is out of date and filing fee is not provided. So I went ahead and fill out the new application and read the new instruction, only to find out that they now charge $410 for work permit and c(9) category is not in the exception. Should I not proceed with the work permit? What do you guys think about it
    In the instructions:
    NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required to also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form 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 Form I-485 as of July 30, 2007.

    So you dont need to pay anymore.

    Comment


    • #3
      Where do you see that c(9) is no longer in the exception?

      The latest Fee Schedule https://www.uscis.gov/g-1055 still says "If you filed Form I-485 and paid the Form I-485 application fee on or after July 30, 2007, no additional fee is required to also filed Form I-765" on page 6.

      Comment


      • #4
        Originally posted by Xlasher View Post
        Hi All,

        I sent in my adjustment status application couple weeks ago. Just got a mail from USCIS that they rejected my I-765 application because the form is out of date and filing fee is not provided. So I went ahead and fill out the new application and read the new instruction, only to find out that they now charge $410 for work permit and c(9) category is not in the exception. Should I not proceed with the work permit? What do you guys think about it
        The instructions are confusing but you need to read more thoroughly. Although (c)(9) is not in the list of categories in the "If this is your initial application and you are applying under one of the following categories, a filing fee is not required:" list on page 15 of the instructions, there is a note in the middle of page 16 of the instructions that says:

        NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required to also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form 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 Form I-485 as of July 30, 2007.
        Furthermore, the I-485 page (open "Special Instructions") still says

        If you are filing Form I-485 (or already filed a Form I-485 on or after July 30, 2007), you do not have to pay an additional fee to also file a Form I-765, Application for Employment Authorization and/or Form I-131, Application for Travel Document for advance parole. You may file these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, receipt as evidence of that you filed a Form I-485.
        like it always did.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          So I received my I797 notice about why they rejected the application.

          First, the fee is not provided or correct. And second, I need to fill out the new application.

          Do you think I should just send the new application with the notice without providing a payment?

          Thank you for all the replies

          Comment


          • #6
            Work Permit is free.

            Hi, I called USCIS before sending my package last week and was advised to send 2checks covering i-130 and i-485 .Payment for Adjustment of status covers employment authorization. How much did you pay for AOS?

            Comment


            • #7
              Originally posted by Freerising View Post
              Hi, I called USCIS before sending my package last week and was advised to send 2checks covering i-130 and i-485 .Payment for Adjustment of status covers employment authorization. How much did you pay for AOS?
              Hi! 535 for the I130 and 1225 for biometrics and I485

              Comment


              • #8
                Your payment in order.

                Hi, your payment is in order. That was the amounts i paid. Something is wrong somewhere.We have to find out who is wrong. Either we are or they are. Could you please call their customers care?

                Comment


                • #9
                  So I paid 1225 for my Aos since my petition has already been approved. It covers the 485 and biometrics. If I send the new aplkication without a payment, is it gonna be a problem if they have send back the application one more time requesting the fee? The good thing is my 485 is still in process, just the work permit.

                  Comment


                  • #10
                    Originally posted by Xlasher View Post
                    So I paid 1225 for my Aos since my petition has already been approved. It covers the 485 and biometrics. If I send the new aplkication without a payment, is it gonna be a problem if they have send back the application one more time requesting the fee? The good thing is my 485 is still in process, just the work permit.
                    Just make sure when you file the i765 again that you submit along with it the Form I-797C, Notice of Action of your i485 as proof that you filed i485 and you don't need to pay the fee for the i765 anymore.

                    Comment


                    • #11
                      Originally posted by mystiqueca View Post
                      Just make sure when you file the i765 again that you submit along with it the Form I-797C, Notice of Action of your i485 as proof that you filed i485 and you don't need to pay the fee for the i765 anymore.
                      Thank you I was just on the phone with rep and she said the same thing too. Its just confusing that they have to put the payment issue as one of the reasons it was rejected.

                      Thank you all

                      Comment


                      • #12
                        Originally posted by Xlasher View Post
                        Hi All,

                        I sent in my adjustment status application couple weeks ago. Just got a mail from USCIS that they rejected my I-765 application because the form is out of date and filing fee is not provided. So I went ahead and fill out the new application and read the new instruction, only to find out that they now charge $410 for work permit and c(9) category is not in the exception. Should I not proceed with the work permit? What do you guys think about it
                        Hey same here my lawyer received an email from uscis that the application was out of date. That's what he told me anyways...I haven't even got my receipts yet it's being 2 months since he first got my paperwork ready, but its being almost 2 weeks since he resend the application. My lawyer said c9 with AOS are free to apply for i765. I love my lawyer, but I feel like he don't keep me updated like keep should I have to be calling him all the times. I got one question for you. Did you received receipts yet? Are you able to track your receipt number? Please keep me updated your case is way similar to mines. This waiting to get my receipts is killing me. I just want my receipts so I can track my case myself!

                        Comment

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