EAD Card Lost in Mail. Urgent help needed

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BayAreaGuy

New Member
Hi,

My EAD and my wife EAD got approved on Nov 29th, 2005 (VSC). I still have not recieved the card. I moved since my EAD approval and I had already called USCIS and updated them all my mailing address. After which I had called them thrice and still I have not got my card. I had to wait till next 30 days to wait to call them. Since my case is approved, they don't give an interim EAD also. Does anyone know experience this kind of delay? If so, is there a way to expedite getting the Card? I was told that I could apply for a replacement EAD. My Visa got expired two weeks back. My employer said, I will not be out of status, as my case was approved, but need to send the replacement EAD fast. Is it true?. Should I pay the fees again for my (and my spouse) EAD card again.? Would replacement EAD Card also take 90 days to get processed?

Anybody has similar problems or issues that you can help in giving info.

Thanks,
BayAreaGuy
 
You are certainly not out of status, since it is impossible to be out of status while your I-485 is pending. What your employer means is that you will not be working illegally, which is also true (as far as you are concerned), since you have an approved EAD, just not with you.

On the other hand, your employer is breaking the law since they are required to inspect your work authorization prior to expiry of your current authorization. You can read all about it on the I-9 form itself (http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf). Note that because this is not a new employment, the rules is section three apply, and there isn't the grace period from section two. However, this is your employer's problem and not yours - if they are willing to let you work then you cannot be penalized, but they could be, though it's unlikely.

In theory, you could even change jobs, or take another job, since then the grace period in section two would apply providing you can the EAD approval notice to use as the receipt.
 
BayAreaGuy said:
Hi,

My EAD and my wife EAD got approved on Nov 29th, 2005 (VSC). I still have not recieved the card. I moved since my EAD approval and I had already called USCIS and updated them all my mailing address. After which I had called them thrice and still I have not got my card. I had to wait till next 30 days to wait to call them. Since my case is approved, they don't give an interim EAD also. Does anyone know experience this kind of delay? If so, is there a way to expedite getting the Card? I was told that I could apply for a replacement EAD. My Visa got expired two weeks back. My employer said, I will not be out of status, as my case was approved, but need to send the replacement EAD fast. Is it true?. Should I pay the fees again for my (and my spouse) EAD card again.? Would replacement EAD Card also take 90 days to get processed?

Anybody has similar problems or issues that you can help in giving info.

Thanks,
BayAreaGuy
Click to expand...

You need to apply for a replacement card right away.
 
Apply Replacement Card Immediately

Apply Replacement Card Immediately, if you do not have physical card in your hand, atleast you should have replacement card receipt number in your hand, you have to provide the replacement card's receipt number to your employer within 3 days time whenever they ask for it,then you will have 90days time to provide the actual EAD card...
When you apply for replacement apply online,that way you get the receipt number immediately.....if you file manually, to get the receipt itself may take a month...
My suggestion is talk to USCIS and explain your situation, I think they are going to suggest you apply for a replacement card online...immediately..good luck,
 
trcareer said:
... you have to provide the replacement card's receipt number to your employer within 3 days time whenever they ask for it,then you will have 90days time to provide the actual EAD card...
Click to expand...
No - as I stated in my earlier post, you do not have the luxury of this grace period when the EAD is needed to re-verify employment eligability, rather than for a new job. This is very clearly stated on the front of the I-9 form. My employer (a very large mutli-national) is very hot on this. If they do not physcially see your new EAD before the expiry date of the previous one they put you on leave of absence immediately.
 
dms said:
No - as I stated in my earlier post, you do not have the luxury of this grace period when the EAD is needed to re-verify employment eligability, rather than for a new job. This is very clearly stated on the front of the I-9 form. My employer (a very large mutli-national) is very hot on this. If they do not physcially see your new EAD before the expiry date of the previous one they put you on leave of absence immediately.
Click to expand...

FYI
http://uscis.gov/lpbin/lpext.dll/in...0/slb-28003?f=templates&fn=document-frame.htm
 
I have same experience

I have same story, I applied EAD last Sep and in Nov, I checked status from web site and it says " Appprovalled", so I waited and waited, nothing came, I actulaly only received receipt, I didn't get approve notice and card...

I called them and explained to them, 1st time they said they have to check on this and let me call back in 1 month, 1 month passed, they said they have to check again, then 1 week later , they sent me a letter to let me apply for replacement card, so I paid another $180 to do it in Mar! Thank GOD, I still have H1b(my husband is primary), but until now, I haven't received EAD yet...

So from their answer, I lost 2 mails and we didn't move, we never lost mails before, I don't know what's going on there????!!!!

Anyway, apply for replacement card right away,don't waist another 1 month.
 
Posted this on the murthy forum as well:
My EAD got lost in mail - called USCIS after 30 days - not much further info - just to file for a replacement EAD (do not include fee again but write letter explaining initial EAD never arrived).

****************************
Went to local USCIS (Phoenix) today with appointment for interim EAD. They checked my case status, found out that the EAD had been approved and mailed (duh), but the interesting part is that the address was slightly wrong.
We live in an appartment complex in apt #2x17, but they sent it to #1x17. Fortunately they also saw that it was returned undeliverable, that they would correct the address and mail it again. I checked today - #1x17 doesn't even exist, so USPS must have sent it right back.
How on earth they could have gotten #1x17 on my wife's and my mailing address is weird since all other mailings for AP and I-485 transfer notices all went to #2x17...
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Lesson: always try to get an appointment in person at USCIS - they have a different system than the phone USCIS guys and can help you more.
 
For replacement application, you have to pay the fee.

My lawyer is very smart and did not pay for the replacement, and the application was rejected due to check/unsigned.
 
Well, I was almost guessing that USCIS persons who open the envelope are 'short-sighted'. The USCIS guy on the phone said: file w/o fee and add brief note explaining 'why'. This sounds easier than done. Did your lawyer add the 'brief note' that the initial EAD was never received? If not, they'll definitely look for the fee. Thank goodness they are sending out my EAD again. Hope I'll get it this time.

Wang2Mazi said:
For replacement application, you have to pay the fee.

My lawyer is very smart and did not pay for the replacement, and the application was rejected due to check/unsigned.
Click to expand...
 
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