Tweet
Eligibility Category I-765 when filing I-485
Hello,
Any help is appreciated.
I am on H1B and it is still vailid for another year. I applied for GC under EB-1A and my I-140 petition is approved.
Now I am applying for I-485 for adjustment of status for myself, my wife and child. I am planning to apply for I-131 (Advance parole) and I-765 (EAD) along with I-485.
I am not sure about Eligibility category on I-765 form. After looking at the options I find the following relevant, but not sure which one is right for me.
(c)(35) = Principal Beneciary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances
and
(c)(9) = Adjustment Applicant
Also, do I need to pay the fee for I-765 ? I see in the forum that if I-765 is filed with I-485 the fee is not required, but in the I-765 instructions, I see the following which doesn't say about it. Anyone please clarify.
Excerpt from I-765 instructions
The filing fee for Form I-765 is $410. Exceptions:
Initial EAD. If this is your initial application and you are applying under one of the following categories, a ling fee is not required:
1. (a)(3) Refugee;
2. (a)(4) Paroled as Refugee;
3. (a)(5) Asylee;
4. (a)(7) N-8 or N-9 nonimmigrant;
5. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
6. (a)(10) Granted Withholding of Deportation;
7. (a)(16) Victim of Severe Form of Traf cking (T-1);
8. (a)(19) U-1 Nonimmigrant;
9. (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
10. (c)(8) Applicant for Asylum (an applicant ling under the special ABC procedures must pay the fee); or
11. (c)(31) VAWA Self-Petitioner.
Any help is appreciated.
I am on H1B and it is still vailid for another year. I applied for GC under EB-1A and my I-140 petition is approved.
Now I am applying for I-485 for adjustment of status for myself, my wife and child. I am planning to apply for I-131 (Advance parole) and I-765 (EAD) along with I-485.
I am not sure about Eligibility category on I-765 form. After looking at the options I find the following relevant, but not sure which one is right for me.
(c)(35) = Principal Beneciary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances
and
(c)(9) = Adjustment Applicant
Also, do I need to pay the fee for I-765 ? I see in the forum that if I-765 is filed with I-485 the fee is not required, but in the I-765 instructions, I see the following which doesn't say about it. Anyone please clarify.
Excerpt from I-765 instructions
The filing fee for Form I-765 is $410. Exceptions:
Initial EAD. If this is your initial application and you are applying under one of the following categories, a ling fee is not required:
1. (a)(3) Refugee;
2. (a)(4) Paroled as Refugee;
3. (a)(5) Asylee;
4. (a)(7) N-8 or N-9 nonimmigrant;
5. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
6. (a)(10) Granted Withholding of Deportation;
7. (a)(16) Victim of Severe Form of Traf cking (T-1);
8. (a)(19) U-1 Nonimmigrant;
9. (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
10. (c)(8) Applicant for Asylum (an applicant ling under the special ABC procedures must pay the fee); or
11. (c)(31) VAWA Self-Petitioner.
