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Old 05-04-2004, 10:19 PM   #1 (permalink)
Noorah101
 
Posts: 12637
Default Re: Question when filing AOS and EAD together

Hi All,

In the instructions for filing for EAD under the category of
Adjustment Applicant (c)(9), it says:

"File your EAD application with a
copy of the receipt notice or other evidence that your Form I-485,
Application for Permanent Residence, is pending. You may file Form I-
765 together with your Form I-485".

My question is....if I file for
them together, what proof do I have for the EAD that I filed the I-485?
Should I make a photocopy of the I-485 application and include it with
the I-765 application? The applications will be in separate (labeled of
course) envelopes within one larger envelope when I send it. Can I
safely assume that a photocopy of the I-485, plus seeing it in another
envelope included, will satisfy the requirement for proof that it's
being filed - even though the instructions say "evidence of it pending"?


Thanks!!
Rene

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Old 05-04-2004, 10:27 PM   #2 (permalink)
Phunklounge
 
Posts: 39
Default Re: Question when filing AOS and EAD together

Bring both the I-765 as well as I-485 to your local INS office and
submit them in person. An officer will assemble all your forms and
forward them on in a big envelope to the NBC in Missouri.

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Old 05-04-2004, 10:45 PM   #3 (permalink)
Noorah101
 
Posts: 12637
Default Re: Question when filing AOS and EAD together

Originally posted by phunklounge
    > Bring both the I-765
as well as I-485 to your local INS office and submit them in person. An
officer will assemble all your forms and forward them on in a big
envelope to the NBC in Missouri.
OK, will do. Thanks. But
will it be OK to use a photocopy of the I-485 as evidence of AOS
pending, when filing for the EAD at the same time?

Rene

p.s. - same
goes for the I-131 AP application. It also asks for evidence of having
an I-485 pending. Can I do the same thing and file this at the same
time as well?

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Old 05-04-2004, 10:57 PM   #4 (permalink)
SecretGarden
 
Posts: 1545
Default Re: Question when filing AOS and EAD together

Originally posted by Noorah101
    > OK, will do. Thanks.
But will it be OK to use a photocopy of the I-485 as evidence of AOS
pending, when filing for the EAD at the same time?
    >
    > Rene
    >
    > p.s. -
same goes for the I-131 AP application. It also asks for evidence of
having an I-485 pending. Can I do the same thing and file this at the
same time as well?

Hi Rene,
We included a copy of the I-485
with the applications for travel document and the application for EAD.
We received NOAS from NBC about a week later, after sending out our
package to Chicago. We also mentioned our pending I-485 in the cover
letters attached to each application.

~SecretGarden

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Old 05-04-2004, 11:05 PM   #5 (permalink)
Rete
 
Posts: 9736
Default Re: Question when filing AOS and EAD together

Originally posted by Noorah101
    > OK, will do. Thanks.
But will it be OK to use a photocopy of the I-485 as evidence of AOS
pending, when filing for the EAD at the same time?
    >
    > Rene
    >
    > p.s. -
same goes for the I-131 AP application. It also asks for evidence of
having an I-485 pending. Can I do the same thing and file this at the
same time as well?


If you can file in person that is fine
but most offices do not allow that and you have to file via mail.


When filing via mail, there is no reason to put them in separate
envelopes and then in one main envelope. That is counterproductive in
my eyes. The clerk that opens the package will have to open three
envelopes instead of one. All the documents will be registered together
and then separated to go to their own departments. With the inclusion
of the MSC/NBC in the mix now the local office will do the mixing and
sending to the appropriate departments within the other service center.
You do not have to include a copy of the AOS that you are filing
jointly. A copy will, if you think about it, mean nothing as it is the
receipt of the AOS that renders your husband eligible for an EAD and
A/P.

Rete

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Old 05-04-2004, 11:12 PM   #6 (permalink)
Noorah101
 
Posts: 12637
Default Re: Question when filing AOS and EAD together

Originally posted by Rete
    > If you can file in person
that is fine but most offices do not allow that and you have to file
via mail.
    >
    > When filing via mail, there is no reason to put them in
separate envelopes and then in one main envelope. That is
counterproductive in my eyes. The clerk that opens the package will
have to open three envelopes instead of one. All the documents will be
registered together and then separated to go to their own departments.
With the inclusion of the MSC/NBC in the mix now the local office will
do the mixing and sending to the appropriate departments within the
other service center. You do not have to include a copy of the AOS that
you are filing jointly. A copy will, if you think about it, mean
nothing as it is the receipt of the AOS that renders your husband
eligible for an EAD and A/P.
    >
    > Rete
Thank you, Rete. I
believe Phoenix does not take walk-ins and I'll have to do it by mail.
None of their instructions mention hand-delivery of anything.

So, you
think each application with supporting documents and payment can be held
together with a binder clip and all put in one envelope? Sounds easier
to me, too!

And, just mention the pending AOS in the cover letter as SG
stated....

Thanks again,
Rene

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Old 05-04-2004, 11:13 PM   #7 (permalink)
Jeffreyhy
 
Posts: 2463
Default Re: Question when filing AOS and EAD together

Rene,

The fact that the I-485 is right there alongside the I-765?


Regards, JEff

Originally posted by Noorah101
    > Hi All,

    >
    > In the instructions for filing for EAD under the category of
Adjustment Applicant (c)(9), it says:
    >
    > "File your EAD application
with a copy of the receipt notice or other evidence that your Form I-
485, Application for Permanent Residence, is pending. You may file Form
I-765 together with your Form I-485".
    >
    > My question is....if I file
for them together, what proof do I have for the EAD that I filed the I-
485? ...
    >
    > Thanks!!
Rene

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Old 05-04-2004, 11:14 PM   #8 (permalink)
Noorah101
 
Posts: 12637
Default Re: Question when filing AOS and EAD together

Originally posted by jeffreyhy
    > Rene,
    >
    > The fact that
the I-485 is right there alongside the I-765?
    >
    > Regards, JEff

Hi JEff,

That made sense to me, but I thought that was way
too easy. LOL If it seems too easy, I feel like I'm overlooking
something! :)

Rene

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Old 05-05-2004, 01:02 PM   #9 (permalink)
AlisonPA
 
Posts: 223
Default Re: Question when filing AOS and EAD together

Originally posted by Rete
    > When we filed what I did was
treat each application as a separate entity (two hole punching the top
of every sheet for USCIS convenience), attached the check, supporting
documents and photos if required to the each petition and then used a
binder clip to hold that petition together. Then did each in the same
manner. Finally I rubber banded all of them together, placed the letter
on top and stuffed the one envelope.
    >
    > Rete

Yep, you
defintiely need a covering letter which links everything together. I
put on it what I was applying for and the cost and total check amount.
Everything was two hole punched (as Rete says) and I had dividers
between each application and attachment - on the bottom of which I
marked what was behind each. Seems to have done the trick as all I am
waiting for now is my AOS.

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Old 05-05-2004, 04:54 PM   #10 (permalink)
Tenni
 
Posts: 54
Default Re: Question when filing AOS and EAD together

can you file for EAD without filing the i485?

i thought there were two
ways to file for aos:
1. i485
2. wait for i130 to process, then proceed
with consulate abroad.

if we decide going with option 2, can we still
file for EAD?

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