Question Eligibility Category H4 to I485

[getsaby]

Hello

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 is on H4 (derivative - renewal still pending) but Primary already filed 485 in 2012, but still maintaining H1 status.

Thanks!

[idliman]

If your derivative (dependent) is sending I485, I765 and I131 together, then the eligibility category is (c)(9)(P). The EAD is approved on the basis that AOS is pending.

If you are not applying for AOS and renewing EAD based on H4, then enter a separate category. Once you apply for AOS, get an EAD based on (c)(9)(P). It is provided per law (not rule as in H4 EAD). It cannot be cancelled by admin, unless a new law in enacted. So an AOS EAD is more powerful than a H4 EAD.

Whether you keep additional H4/H1B visa is irrelevant to this I765 application.

[idliman]

Just wanted to add; I hope you already have an SSN for the dependent. If not get an EAD and SSN. This will allow your family to get the "stimulus" check, if your income is within the eligibility limits. There may be a round 2 stimulus too. So definitely get EAD/AP and SSN for all.

[getsaby]

Thanks, the spouse already has SSN and H4 EAD, the third renewal is pending though since Mar 2020.

Once we get her I485 receipt then we will file her I765 and I131, due to butt load of application lawyer is not filing I765 and I131 with I485.

So you are saying the category still be (c)(9)(P) or (c)(9)?

Thanks!

[idliman]

Thanks, the spouse already has SSN and H4 EAD, the third renewal is pending though since Mar 2020.

Once we get her I485 receipt then we will file her I765 and I131, due to butt load of application lawyer is not filing I765 and I131 with I485.

So you are saying the category still be (c)(9)(P) or (c)(9)?

Thanks!

Yes. Not sure whats the confusion. The question is what is the category (basis) for EAD application. It can be any one of the 100 categories. For you it is either H4 or AOS. But once you file AOS, you don't need H4 EAD. AOS status has more protection. So you will include a copy of the I485 receipt notice (for verification of category) and then apply as (c)(9)(P). If you apply for I485 * I765 together, you don't need receipt notice as you are applying concurrently.

With the old fee structure, there is no initial + renewal fee for AOS based EAD and APs. They are free as long as I485 is still pending.

If you apply for EAD/AP now, you don't need to pay any fees. If you apply later, then you may have to pay ~$1100 per applicant. Try to talk to them and make sure that they apply.

[getsaby]

Thanks, idliman for your replies.


Let's keep H4 aside, what will be the category (c)(9)(P) or (c)(9), if we file I765 and I131 after we received I485 receipt.

[idliman]

Thanks, idliman for your replies.

Let's keep H4 aside, what will be the category (c)(9)(P) or (c)(9), if we file I765 and I131 after we received I485 receipt.

Its a separate topic by itself. I went with (c)(9)(P) to force a combo card. Many just put in (c)(9) and still get combo cards. All attorneys just go with (c)(9) only. I went with plain c9 for the first four renewals. On the last one, I went with c9P. This was because lately some people were getting separate EAD and AP approvals, which are a pain in the rear.

It is a matter of preference. I will put in (c)(9)(P).

[idliman]

getsaby, there is a separate thread with format and documents needed for EAD/AP application. It is a matter of 2 or 3 hours. Don't think you have to go via attorney only. You can do it yourself. Lost of people waiting from 2012 have applied 5 times or more.

Please ask questions, whether they are silly or not. In my opinion the only RFE that you can get for EAD/AP is photos. This is a low risk application. Do it yourself.

Ask questions, if you need clarification.

[qesehmk]

getsaby, there is a separate thread with format and documents needed for EAD/AP application. It is a matter of 2 or 3 hours. Don't think you have to go via attorney only. You can do it yourself. Lost of people waiting from 2012 have applied 5 times or more.

Please ask questions, whether they are silly or not. In my opinion the only RFE that you can get for EAD/AP is photos. This is a low risk application. Do it yourself.

Ask questions, if you need clarification.

I concur with idli. 485 is a low risk application and if your company is not paying for it then you might as well get it done yourself and save money.

[getsaby]

I concur with idli. 485 is a low risk application and if your company is not paying for it then you might as well get it done yourself and save money.

Thanks, idli/Q!

I paid the lawyer required FEE for my spouse 485 filing back in 2015, VISAGATE fiasco. Due to the shit load of applications as per the firm, they won't file for EAD/AP, just I485.