Can I use I-797C Biometric Notice for EAD instead of Receipt Notice

I

immmmmm

New Member
Hello friends,

I filed for I-485 in mid-June 2007 but never received the receipt notice.
(returned as undeliverable due to address issue which was corrected after I called USCIS on the 800 number).

After months of calling USCIS (probably called at least 10-15 times over past 6 months) and having the lawyer send a written letter, I finally received a letter from USCIS that they will resend the receipt notice which I still have not received.

I need to file for EAD ASAP (lawyer didn't file it with I-485 as I have H1) but it requires you to attach the receipt notice (Notice of Action I-797C or I-797??).

So my question is:
-------------------
Can I use the Biometric appointment notice (ASC Appointment Notice I-797C) instead of I-485 Receipt Notice I-797 to file EAD form I-765 as a proof that I filed I-485 ?

What are the odds that they will send my EAD application back saying that I need the actual I-485 receipt notice?

Thanks in advance!

PD: Mar 2002
EB3, India
I-485 RD: June, 2007
 
The instructions say:

A. Adjustment Applicant--(c)(9). File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application forPermanent Residence or Adjust Status, is pending.

(Underline added). So you should be fine.
 
jk0274 said:
The instructions say:

A. Adjustment Applicant--(c)(9). File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application forPermanent Residence or Adjust Status, is pending.

(Underline added). So you should be fine.
Click to expand...
Here are the instructions: http://www.uscis.gov/files/form/I-765instr.pdf

You are correct that on Page 5, it says:
"A. Adjustment Applicant--(c)(9). File your EAD application 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."

But then on Page 8 it says:
NOTE: If you filed a Form I-485, Application to RegisterPermanent Residence or Adjust Status, as of July 30, 2007, no fee is required to also file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the 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 an I-485 as of July 30, 2007.

My receipt date is June, 2007 (never received the hard copy of notice in mail) but the ASC Biometric appointment notice has a Notice date of August, 2007(it doesn't have any receipt date). So if I use the ASC Biometric appointment notice in place of receipt notice, not only the person handling my EAD application packet could deny it saying missing receipt notice, it could also cause confusion somewhere if I attach the fee (technically I shouldn't have to pay the fee but in the absence of original receipt notice, I don't have a printed proof of receipt date).

This process is so frustrating. Some people said that they e-filed and didn't have to send any documentation via mail. They just got a biometric notice for photo, etc. Then some others said that they received RFE when they e-filed and didn't send the receipt notice and other documentation by mail. I still can't decide what to do. Their website e-file instructions for required documentation are so vague!
 
What you would do in this case is use some bright colored paper and print in big letters: Original I-797C receipt never received due to Post Office error - other evidence of filing of I-485 attached. Original receipt date for I-485 is June xx 2007. You then include in your package 1- the USCIS letter informing you that they will resend the receipt and 2- your biometrics appointment notice. At least the second notice has your receipt number on it, so USCIS will be able to see from your receipt number when the original I-485 was submitted.
 
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