EAD Renewal: Rejection Notice

[pks2010]

My current EAD (two-year) will expire on Oct. 5, 2010. I sent my paper application (I-765) attaching check for $340 (drawn to US Department of Homeland Security), copies of I-485 Receipt Notice, I-140 Approval Notice, earlier and current EAD, I-94 and two photographs (per the I-765 filing instructions on USCIS site). I sent it via Express Mail to Dallas, TX on 07/02/10. Yesterday (07/17/10) I received ‘rejection notice’ with the following remarks;
“Your application/petition was package was submitted with a single remittance … Please correct the flawed application(s)/petition(s) and resubmit …
Please be sure to complete the application fully, submit the appropriate fees, and include all required supporting documentation.”
What has gone wrong? Something missing on I-765 or the attachments?
I am applying for renewal of my EAD alone, my I-485 (EB2 category – I-140 approved with Section: Mem of Profession w/Adv Deg. or of Exception’l Ability Sec.203(b)(2) ) receipt date is July 27, 2007. I plan to apply for renewal of my wife’s (only dependent) EAD or APs for both of us, later. Do I need to apply for all together?

 

[kbp]

Hi pks,

I am on L2 and is planning to apply an EAD with Dallas lock box facility. While just browsing about the normal reasons of rejections i found this. Did you find want went wrong with your application and can you share it if you don't mind.

thanks,
KBP

 

[BigJoe5]

Hi pks,

I am on L2 and is planning to apply an EAD with Dallas lock box facility. While just browsing about the normal reasons of rejections i found this. Did you find want went wrong with your application and can you share it if you don't mind.

thanks,
KBP

That person was applying based on pending I-485, as an L-2 you are in a different situation. Make sure you sign it and submit the correct fee to the correct address to avoid rejection and don't file too early either. You are not indicated in the I-765 but that is an oversight.

The regulations have not been updated to include you but you are work authorized under:

INA 214(c)(2)
(E) In the case of an alien spouse admitted under section 101(a)(15)(L) , who is accompanying or following to join a principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an `employment authorized' endorsement or other apprpriate work permit.

Work authorization was added by Public Law 107-125, dated January 16, 2002.

The Adjudicator's Field Manual at Chapter 55 Employment Authorization Documents is marked [Reserved. Undergoing major revision].

For later reference:

If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 together 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 a Form I-485.

If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $380 filing fee.

 

[kbp]

Hi BigJoe,

Thanks for the reply. In that you mentioned about not applying for EAD too early will be better. I am actually planning to apply as soon as possible. And when i searched regarding this many blogs say there is no harm in doing this [even if we do the very next day after entering US]. Do you aware of any cases which got rejected because of applying early. If so what would be the best time [how long after entering US] to apply for EAD? Thanks for the support.

kbp