EAD card not received

[PERM101]

Need to get some expert opinion from the gurus...

I had applied for my EAD in Feb 06 on the basis of spouse pending 485. The card came in April with error in Date of birth. In fact the error was in my 485 application too which we then realized and got corrected. Lawyer suggested we shall request for the correction in the EAD too and the only way we could do so is by applying a new replacement card; i.e. a new application. So, we submitted a new EAD application in May. The issue is I have not yet received the new card and it appears that the application was last looked on 7/3. Since then there is no update, I am going to local INS for the temporary card as advised by the lawyer. Now I am thinking if I did the right thing by applying again...Who knew at that time...

anyways, a couple of questions I have are:

Does local offices always give a temporary card? I've heard that there is a new directive, which indicates that there are some cases in which they may not give a temp card; Is this true?

My H1B 6 years comes to an end on 9/30 and intend to use EAD after that. If they don't issue me a temp card and I do not receive a permanent card by 9/30, can I use a photocopy of my old card, with wrong DOB, to continue employment with my current employer?

What documents shall I take when I go for the interim card?

Any guidance will be highly appreciated.

Thanks

 

[GC_TRAP]

Yes, local offices can issue temp EAD cards, but...

...I thought there was a new USCIS memo or ruling recently that prohibited them from doing so. I do not know if it has been implemented yet.

To the first issue, my EAD application was filed at NSC when in fact my case had been transferred to local service center. USCIS wasted over two months and a half in transferring my application to LSC. As a result, I was only about ten some days away from expiration of my old EAD.

I set up an INFOPASS at the LSC, my lawyer explained my situation to an Officer, they pulled up my file which was sent from NSC, and issued me a dinky little, most unprofessional looking EAD upon my visit. Of course, they still got me by reducing the total period from 12 months to 10 and a half months.

To my bigger surprise, this card was "it", as I never received a formal, regular EAD card that usually comes in the mail from NSC. A fact that still surprises my lawyer.

I did not have to take any documents but on my own, I carried the old EAD, PassPort, any I-485 receipt letters, and certainly two recent pay-stubs. Nothing was asked for except my DL I think.

Good luck! You still have three some weeks but act on it soon and INFOPASS may be your best bet, unless you have called one of the four Service Centers with an update already.