Rejection Notice (returned checks for I-765 filing fee) - please explain

J

jmoy7

Registered Users (C)
I filed the I-130 Package Filed for my parents last week:

5/14/10 - Mailed I-130, I-485, I-864, I-765, I-131 to Chicago
5/17/10 - Application received and signed for

Today, 5/24/10, I received this I-797C in the mail:
Notice Date: 5/20/10
Notice Type: Rejection Notice
Amount Received: $340
"Recently, you submitted an application for immigration benefits. That form was submitted with an extra remittance that is not required to process your applicatio, or the incorrect fee was submitted. Your check is being returned to you with this notice. No additional action by you is required at this time. Please comply with any other reject notice you may receive."

So it looks like I don't need to pay for the I-765 (EAD) since I am doing concurrent filing (the language on the Instructions was confusing so I thought I still need to pay it).

Question: Am I correct in saying that I do not need to do anything for the entire I-30 application, including the I-765 - i.e. I do NOT need to refile anything.

When I check the Receipt Number online, the status is "Initial Review":

On May 21, 2010, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.

Please let me know. Thanks!
 
Yes you are correct. You do not need to pay if you're filing concurrently and as the notice says " no additional action by you is required at this time " so I guess you just need to sit & wait
 
Thanks Kaylee! I just wanted to make sure that USCIS did not reject the I-765 and is not expecting me to refile the I-765 without the fee. :)
 
kaylee said:
Yes you are correct. You do not need to pay if you're filing concurrently ...
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Filing concurrently is not the condition that decides whether it is necessary to pay the I-765 fee.

Since summer 2007 when they changed the fee structure, the I-485 fee includes the cost of the I-765 (plus renewals, if needed). So jmoy7 doesn't have to pay for the I-765 separately. But those who filed their I-485 before that updated 2007 fee structure, and those who are applying for an EAD on some basis other than an I-485, have to pay the separate I-765 fee.
 
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Jackolantern,
I don't think I said anything different than what you said. The USCIS site clearly states that for one filing concurrently I-485 and I-765, the I-765 fee is Zero.
 
I call the USCIS Customer Service number and the representative said that I need to resubmit the I-765 package, along with the I-797C Rejection Notice.
 
Jmoy7,

Then I guess send it again, you don't have anything to lose by resubmitting it anyways! However, that kinda contradict what is stated on the I-797 "No additional action by you is required at this time" that's kinda confusing!
 
kaylee said:
Jackolantern,
I don't think I said anything different than what you said. The USCIS site clearly states that for one filing concurrently I-485 and I-765, the I-765 fee is Zero.
Click to expand...
Just to clarify. If you do not file concurrently the fee for I-765 is still zero if filing for I-765 is based on pending I-485.
 
Looks like my previous message did not post!

Kaylee, you are right. I also kept thinking about the "No additional action by you is required at this time" verbage so I called USCIS Customer Service again and spoke with another agent (who was much nicer and can speak English better . . . the previous agent's accent was so thick, he spoke like he had marbles in his mouth!).

Anyway, the new agent said that I don't have to resubmit/refile anything because:
1. the I-765 application packet was not returned to me (if the form I-765 and supporting docs were returned, I would need to refile)
2. the I-797 states "No additional action by you is required at this time" (if I needed to refile, it would specifically say so on the I-797)

The agent also said that I should get the Receipt Notice for the I-765 soon, and I got that after work today.

Thanks everyone!
 
@jmoy7 I am in a similar situation, can you tell me what happened after that notice? Did your application get accepted? Or did you have to send the fees?
 
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