EAD Card lost : Advise needed ASAP

M

minknowledge1

Registered Users (C)
my friend lost his card. He received it in mail and by next day it was gone. Probably his 2 yr old daughter dropped it somewhere. He has searched his aprtment in-&-out. The problem is he did not take a fotocopy and now his company is insisting on seeing the card(or fotocopy) or get off the payroll. Eventhough he is approved and renewed. Thats bad luck followed by bad luck. His lawyer said that his company cannot do that and he will sue their ass, now ofcourse thats a lawyer and yes he is right, but my friend does not want to get into this suing and legal hassels and unpleasentness. anybody has had same situation or anybody with any idea what to do. his company gave him time uptill 20th sept. he is going to tell them that he never recieved the card in mail. just wanna get some guidance for him. Can he go to local INS and get the card again and also tell them he never recieved it.???? Or is he SCREWED and will need to reapply........ Man that sucks.
 
These days BCIS also generates an approval notice that the lawyer should get/have got.

Give the employer a copy.

Take a copy/original to BCIS, and tell them that the card has been lost and request them to reissue. Based on the circumstances they may not be able to issue an iEAD, but will have to do whatever they do to get a replacement card. Claiming non-receipt might take as long as or longer than saying it's lost, in my opinion... but that's just my opinion.
 
IMO if he says that he never received the card from INS to his company, tell me one thing why would his company listen to this. If your friend has any prove that his card had been approved and he received the card but has been lost then in that case it might be acceptable to his company. EAD comes with form I-797 and that is enough to prove that he had card.
Meanwhile he can file for replacement card through I-765 again.

As niladri said INS may not buy that your friend did not received the card and will issue another card, so best bet will be try to convince the company HR by saying truth and mean while apply for replacement card.
 
ead lost .....................

Ok Let me give some more info....
He got the card and kept the whole mail with it. Why i dont know...... just 2 days back he got it.
The card, the attached letter etc etc.... the whole envelope is gone. he has nothing on him....... except the WAC#..... he is sure his 2 yr old did something funny, yes its stupid that he keeps such important stuff where a 2 yr old can reach,... but nuthing can be done now. he gave his WAC# to the company and they checked it and know that he is approved for sure. and his HR is as stupid as him, they know that he is approved but still they insist on seeing the card or fotocopy. all they need is his A# in case an audit is done on them (they are afraid of that). they r very insistent on seeing the card and gave him the deadline of 20th sept or be off the payroll.

also as 'niladri30' said the lawyer will have an approval copy, but his lawyer has instructed that all documents be sent to his client (my friend). so nuthing is coming from the lawyers side.
he feels the best bet is to say that he never got the mail... to the company and the INS... and try and get, if not a card then some letter that says that he is approved and his dates of validity on it.... i dont know something like that...... some proof from INS and ofcourse reapply for replacement.
 
Your friend should give his lawyer the sack.

He should apply for replacement EAD and receive receipt.

He should present a receipt for a replacement EAD to company. He may work legally using receipt for replacement EAD for 90 days.

After 90 days he should go to BCIS office and receive interim EAD

Reference: http://www.immigration.gov/graphics/howdoi/EEV.htm

"Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins."
 
Re: ead lost .....................

Originally posted by minknowledge1
his HR is as stupid as him, they know that he is approved but still they insist on seeing the card or fotocopy. all they need is his A# in case an audit is done on them (they are afraid of that). they r very insistent on seeing the card and gave him the deadline of 20th sept or be off the payroll.
Click to expand...

HR person is right. He want to see actual EAD card, but also he will be lucky to see receipt for a replacement EAD.
 
Do the online stuff. In that case you can get the receipt immediately which is really important in his case.

You cannot expect them to mail you a receipt, you may or maynot receive it and dont want to deal with it in this case ....
 
go to CSC, they will give you a notice to indicate that your EDA has been approved on xx/xx/xxxx to xx/xx/xxxx.

I got such a notice at CSC because my wife did not receive EDA card 14 days after online status showing it mailed out. In fact, we still do not receive this card after one year and now we has got PC.
 
Do u mean to say to go to california service center at laguna niguel and they will give a notice right on the spot.

Please confirm
 
yes, but not the official notice. this is a sheet with pre-list items. the officier will fill it with his/her signature, indicating your case (wac xxx was approved on xx/xx/xxxx).
 
EAD Lost

Ok, here is what i understand that your wife was then legal to work for her company. No card, no official approval letter, but was accepted by her firm to work.

For my friend, The lawyer had got the approval letter but no EAD CArd(Ofcourse). So, My friend got the approval letter that the lawyer has got, with the approval dates etc etc..... now this is a renewal, so has the expired old card and the new approval notice now is he eligible to work. anybody with similar experience can advise. he will make a new application if desired but is there a problem, ofcourse the final answer is with the company if they want to retain him and if not then a lot of trouble.....
 
The company is perfectly within their legal rights to ask to see the card. If you remember the time you joined the company, you had to fill out an I-9 form, in which your legal work documents had to be checked by someone in authority who also has to sign and attest that he/she has seen the card authorising you to work. So there is no way anyone can sue the company for doing the right thing.

Now that being said, the best bet for your friend is to go to INS with the A# and tell them he has lost the card, and ask for a replacement card to be issued. It might take time, because unlike iEAD, this card is issued by the service center and not the local branch. If he is lucky he might just get the card over the counter.

Coming to the lie about not receiving the card, I feel it is a bad thing to do, because, for your friend to get paid, he needs to have a legal document which allows him to work. If he has an approved EAD but no card, it won't fly. The company cannot allow him on the payroll if it wants to be legal with the INS.

Good luck to your friend!
 
May I ask few questions....

Was the baby been born in US? I think coz baby doesnt understand the meaning of EAD. Next time you get the dup EAD show the EAD to the baby and tell what aggrivation you went thru last time.

Tell papa was no too happy about it....

I think if the baby was playing with the EAD he/she has good chance of becoming a BCIS employee hence more problems for the immigrant....







NOTE: Nothing should be taken as offence.
 
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