EAD Rejected Due to Wrong I-765 Version - Questions & answers

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@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 .as we downloaded USCIS website old issued data form , will this cause for rejection . could you please clarify

@Anil.Gupta I had applied on Feb 5th and I remember downloading it from USCIS and it carried old issue date of 05/31/18 and expiry of 05/31/2020. I am worried will they reject it now…almost waited 5 months for it now.The one which was rejected what was the receipt date for that application.

I believe the application in the post was not denied rather rejected. It says that USCIS has mailed the case back to you so petitioner should be receiving the money order back. Also, I called USCIS and the agent informed that USCIS rejects the case wen it receives it. They can not reject or deny it 5 months later. So, if the case is accepted in Feb, I think we should be fine. If someone is in the same boat, could you please try calling USCIS too to check if we get the consistent answers.

My current status is H1B which is valid until sept 2021. I got laid off due to Covide-19 in the month of July and my 60 day grace period is ending on Sept 8th. I already sent the application for H1 to H4 COS and H4 EAD on 9/4/2020. USCIS received the application on 9/5/2020. I just realized that USCIS updated the I765 application on Aug 25, 2020. I downloaded the I765 application on Aug 24th and I used the same.

  1. Will USCIS rejects my I-765 application as I used the older version?
  2. I send both I-539 for COS and I-765 together. If USCIS rejects my I-765, will they reject my I-539 too?
  3. Can I send the new I-765 form to USCIS now?

I really appreciate your input

Hi @krishna2369

USCIS will most probably deny the EAD or send the application back if you used the wrong form.

You can try sending the new form. It depends on USCIS if they will acknowledge the new form or not. It depends on your luck.

They will not deny i539 just because i765 form version is wrong.

Hi @anil_am22,

As you said, today USCIS sent my EAD application back. Can I send the new EAD form now. Will USCIS process my I-765 along with my I-539? or Do I need to wait until my COS (h1 to H4) is approved? Please advise

Hey Krishna,

I have same problem, did you send I-765 to same center where you filled I-129 ( H1 & H4 extension ) ?

Hi Shailendra,

I applied H4 and H4 EAD together back in September to California ASC. Since, I’ve used the outdated version of I-765, only my EAD application (I-765) was rejected. They accepted my I-539. Then I sent the correct version of I-765. I sent it to the same center. In the rejection mail, you should have the ASC address to send the correct version.

Thanks @krishna2369 , I have their rejected notice but they do not have mentioned about where do I need to send back. They mentioned the address where this notice came from but they are not saying explicitly to send same center. In my case my H1B extension along with EAD file in Nebraska but if i fill EAD independently then center should be in Texas. Anyway, Thanks again. I will think to call them and try to get clarify otherwise I will send them.