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Case Stories
❌ EB-3 I-485 Pending - I-765 EAD Denied Due to Wrong Category Code
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❌ **Case Status: Denied**
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An I-485 applicant with a pending green card through a green card holder spouse had their I-765 EAD renewal denied due to an incorrect category code (c36 instead of c9). The applicant is weighing whether to contest the denial or refile a new application, with concern about potential referral to immigration court.
A pending I-485 applicant filed an I-765 EAD renewal in February 2025. USCIS denied the application citing wrong eligibility category — c36 was listed instead of the correct c9 (pending adjustment of status based on family preference). The receipt notice also reflects c36, though the applicant believes c9 was entered on the submitted form. The attorney recommends contesting and paying a fee to have USCIS verify the original submission, citing concern that a denied EAD could trigger referral to immigration court. The applicant is considering simply refiling a corrected application instead, particularly since they remain on valid H-1B status and have not used the EAD.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1ud68pg/i765_denied/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
Category code errors on I-765 are a known pitfall — c9 is the correct code for pending I-485 applicants adjusting through a family-based petition, while c36 applies to a different category. When on valid H-1B status, refiling is often faster and lower-risk than contesting, as H-1B provides independent work authorization. Immigration court referral risk exists when someone is out of status, but H-1B holders generally have a valid status buffer. Contesting via a motion to reconsider (Form I-290B) is appropriate if USCIS made a data entry error on their end; if the applicant submitted c36 on the form, refiling is typically the cleaner resolution. Processing times for I-765 renewals in 2025 have varied from 3 to 7 months depending on service center.