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Hi,
We applied for AOS I 485 back in June 2020. Our application is still pending and my wife who is on F1 status, is getting ready to graduate. She is interested in working so we are looking to apply for I 765. Since our I 485 is still pending will our I 765 Fee of $410 be waived? Or do we still need to make the payment?
Based off the I 765 instructions is looks like we need to make a payment, however I have read online that the payment is not necessary since the 485 is pending.
The specific 765 instructions states the following:
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(c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed Form I-485 on or after July 30, 2007, and paid the appropriate Form I-485 filing fee. If you file Form I-765 separately from your Form I-485, you must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate filing fee. If you did not pay the appropriate Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived; and
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We applied for AOS I 485 back in June 2020. Our application is still pending and my wife who is on F1 status, is getting ready to graduate. She is interested in working so we are looking to apply for I 765. Since our I 485 is still pending will our I 765 Fee of $410 be waived? Or do we still need to make the payment?
Based off the I 765 instructions is looks like we need to make a payment, however I have read online that the payment is not necessary since the 485 is pending.
The specific 765 instructions states the following:
----------------
(c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed Form I-485 on or after July 30, 2007, and paid the appropriate Form I-485 filing fee. If you file Form I-765 separately from your Form I-485, you must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate filing fee. If you did not pay the appropriate Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived; and
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