Question Eligibility Category H4 to I485

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10-04-2020, 01:29 PM
getsaby

Question Eligibility Category H4 to I485

Congrats to all of us who become eligible to file I485 this month, now the documents adventure begin.

If anyone can shed some light on the Eligibility Category for form I765, I'll appreciate it.

"What should be the Eligibility Category in line 27 of the form I765 for a spouse who will be filing AOS this month, currently is on H4, H4 renewal still pending with USCIS, but Primary already filed 485 in 2012 and has EAD/AP, but since maintaining H1B.

Thanks!
10-06-2020, 11:05 AM
srimurthy

Quote:

Originally Posted by getsaby

Congrats to all of us who become eligible to file I485 this month, now the documents adventure begin.

If anyone can shed some light on the Eligibility Category for form I765, I'll appreciate it.

"What should be the Eligibility Category in line 27 of the form I765 for a spouse who will be filing AOS this month, currently is on H4, H4 renewal still pending with USCIS, but Primary already filed 485 in 2012 and has EAD/AP, but since maintaining H1B.

Thanks!

That will be C36 as per my company lawyer. The primary will be C35, I am not sure if these change by job types and stuff but for sure they change by immigration category.
10-06-2020, 11:35 AM
getsaby

Quote:

Originally Posted by srimurthy

That will be C36 as per my company lawyer. The primary will be C35, I am not sure if these change by job types and stuff but for sure they change by immigration category.

I think you are wrong on PRIMARY

Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status, or if filing separately, submits a copy of your I-485 receipt notice or other evidence that your Form I-485 is pending.

(c)(35) is for "Principal Beneficiary of an Approved Employment-Based Immigrant Petition Facing Compelling Circumstances"
10-06-2020, 11:58 AM
srimurthy

Quote:

Originally Posted by getsaby

I think you are wrong on PRIMARY

Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status, or if filing separately, submits a copy of your I-485 receipt notice or other evidence that your Form I-485 is pending.

(c)(35) is for "Principal Beneficiary of an Approved Employment-Based Immigrant Petition Facing Compelling Circumstances"

You are more accurate I guess. I need to reach back to my office. And it looks like you already filed for EAD so you might have filled it before with the right information. Thanks.
10-12-2020, 07:44 AM
srimurthy

Quote:

Originally Posted by srimurthy

You are more accurate I guess. I need to reach back to my office. And it looks like you already filed for EAD so you might have filled it before with the right information. Thanks.

You were right and the category is C9 and lawyer came back with details. Your case should be same but check with lawyer as you already filed for 485 earlier, but the category should still be the same C9 for derivatives.
10-12-2020, 07:49 AM
idliman

Quote:

Originally Posted by srimurthy

You were right and the category is C9 and lawyer came back with details. Your case should be same but check with lawyer as you already filed for 485 earlier, but the category should still be the same C9 for derivatives.

If you are filing EAD/AP based on pending AOS, then the category is (c)(9)(P). The "P" is for a combo card application. In the last renewal, I had used the "P" and earlier renewals I did not use "P". In my understanding the "P" brings it to attention that you are requesting a combo card. You can see my earlier posts (6 months back) on this topic.

If you are not applying for a combo card, then definitely don't put the "(P)" in category.

Edit: If you just put (c)(9), then the adjudicating officer will look at both EAD/AP and then issue a combo card or separate EAD and AP. If you put (c)(9)(P), then it is clear to the adjudicating officer that you are requesting a combo card and you are likely to get one.
10-22-2020, 12:50 PM
getsaby

Quote:

Originally Posted by idliman

If you are filing EAD/AP based on pending AOS, then the category is (c)(9)(P). The "P" is for a combo card application. In the last renewal, I had used the "P" and earlier renewals I did not use "P". In my understanding the "P" brings it to attention that you are requesting a combo card. You can see my earlier posts (6 months back) on this topic.

If you are not applying for a combo card, then definitely don't put the "(P)" in category.

Edit: If you just put (c)(9), then the adjudicating officer will look at both EAD/AP and then issue a combo card or separate EAD and AP. If you put (c)(9)(P), then it is clear to the adjudicating officer that you are requesting a combo card and you are likely to get one.

Thanks idliman