EAD form rejected due to version - New form not available on USCIS website yet?

USA
1

Hi Anil

I had filed for my spouse H4 EAD extension using form I 765 but it was rejected saying that I had used an older version of the form.

The form that I used has an expiry of 5/31/2020 written on top of it.

When I go to the USCIS official website I see the same form available with the same expiry date.

They have not updated their website with the latest version of the form. Where i can find the version of the forms which expires more than 5/31/2020 date ?

Has anyone faced this before and can share the link of the latest EAD form ? What are my options here

Thanks
Ankush

2

This is strange. USCIS usually allows the use of old version form until they upload a new form.

If they have already denied, then i suggest to wait for the new form. It should be made available soon.

3

Hello Ankush,

I have a question regarding I-765 form rejection due to older version. Can you tell me when you have applied, when your application got received by USCIS and in how many days you got response.

As I also applied for EAD using I-765 recently with older version.

Thanks
Vijay

4

USCIS is rejecting EAD applications that have issued date of 2018 with expires date same as 2019 version.

Use i-765 version with issue date as ‘12/26/2019’ and expires ‘05/31/2020’.

It is officially accepted by USCIS. Version date found at bottom of page 1

More information:
https://www.am22tech.com/ead-rejected-wrong-form-version/

5

What if we have already applied with the issue date of 2018? Should we just wait for the rejection? This is annoying. They both have the same expiry date so why should they have an issue with one version and not another.

6

Its your choice to apply again to save time.

Since USCIS is rejecting form with old version, you can expect a rejection sooner or later unless you get lucky.

Reapply only if you are sure that you applied on wrong form.

1 Like
7

hi Anil,
So should we send any additional documents again (and photos?) if we are re-submitting I-765 with the 2019 issue date?

8

Hello Anil.

Great website. Thank you.

Any idea when the application is being rejected? Is it upfront (or) later after H4 approval? Please advise.

Called USCIS, and they mentioned that the version check for the form is only done when the application is received. So if it isn’t rejected on the spot, then the version check has passed.

9

@Anil.Gupta we filed H4 EAD extension on Feb 18 '2020 and we have downloaded form from USCIS website but it issue date is 05/31/18 and expiry as 05/31/2020 by that time.as we downloaded USCIS website old issued data form , will this cause for rejection . could you please clarify

If it’s issue ,as my application Still waiting for decision , is there way I can contact uscis and submit new form and add it to exiting file . This save time as we are waiting from feb

10

Hi @SuBhA_RoCkStAr, can you pls share the current status of I-765?

11

@apple Still waiting for approval

12

@apple did uscis confirm that version check can do only when they received application (before receipt number create )?

@Anil.Gupta for visibility

13

Thanks Anil . I talked to USCIS Helpdesk and they also advised me to use the form which has 2019 date at the bottom of the form . I have re applied . Thanks for the help and Information.

14

Hi all,

I suggest to file the H4 EAD using the new form if you are sure that you filed it using the old 2018 version.

You never know if USCIS will deny it or not as there is no clear pattern available. But, many people have received rejection after June 1.

You will have to send a new fee check and all supporting documents again if you want to re-apply.

15

@Anil.Gupta Found following from USCIS site . new form is live from 4/20/20

image
image812×104 13.7 KB

2 Likes
16

Thanks, so would this mean that if they have “received” the I-765 application prior to 04/20/20, then they will accept the old 2018 version? Even if the application is still pending? I hope that is the case, or else we will have to resend all the application documents and the fee with the new form.

17

@ankushh when did you submit your ead which was rejected and is that downloaded from uscis site .can you please confirm

18

Not exactly. They said “if the version was incorrect, they would have rejected it on the spot”

19

Thanks @SuBhA_RoCkStAr !! Relieved after reading this.

I applied for EAD in Jan’20 and waiting for approval using 2018 version. my case is out of date so I put up a case inquiry and received message that it is with adjudicator and will get decision in few weeks.

I will update you guys when I receive any decision.

Do you know any approval using 2018 form recently??

20

My friend did the same mistake - filed the form which is issued 2018 and expires 5/31/2020 for STEM OPT extension, and got rejected because it was the old form. Too late to file again as his OPT EAD expired :frowning:
Sadly he had the 2018 I765 form from the first OPT filing, looked at the UCSIC website and thought the form is identical to the most current one, as they had the same expiry date. Didn’t notice the issue date/qr code in the footer.
Can anything be done? It is his mistake, but losing the 2 year STEM OPT extension given that you provided all information, and the only difference between the forms is just a footnote, looks like disproportionately harsh punishment :frowning: Attorneys advised to not try and appeal and just plan departure within 60 days grace period.