Getting ready to file AOS - copy of old EAD missing

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neil_teil

Registered Users (C)
I'm getting ready to file our AOS thru my spouse's employer as the priority date just became current.

However I'm unable to find a copy of an old EAD card I had got 6 years ago (the one we get after F1 before we get H1 from the first employer). I was trying to get it from my employer at that time but to my bad luck, the company (a startup) shut down operations in 2002.

I think it is important to show copies of all docs indicating that one maintained good status at all times hence a little worried about filing with that piece missing.

Attorney said one can file for FOIA - but it is not a guarantee.

Anyone had any such experience or advice

Best,
 
neil_teil said:
However I'm unable to find a copy of an old EAD card I had got 6 years ago (the one we get after F1 before we get H1 from the first employer). I was trying to get it from my employer at that time but to my bad luck, the company (a startup) shut down operations in 2002.
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If it's six years ago, then the employment won't show up on the G325 and so long as you have the I-94s, you should be OK and most likely USCIS won't even ask about it. I'd file the I-485 without it, and file the FOIA request in case you have an RFE. Do you at least have the petition number?
 
neil_teil said:
I'm getting ready to file our AOS thru my spouse's employer as the priority date just became current.

However I'm unable to find a copy of an old EAD card I had got 6 years ago (the one we get after F1 before we get H1 from the first employer). I was trying to get it from my employer at that time but to my bad luck, the company (a startup) shut down operations in 2002.

I think it is important to show copies of all docs indicating that one maintained good status at all times hence a little worried about filing with that piece missing.

Attorney said one can file for FOIA - but it is not a guarantee.

Anyone had any such experience or advice

Best,
Click to expand...
OPT ie EAD based on F1 is not needed for 485. I didn't send it when I filed my 485.
 
Thanks for the quick responses -

Fast_GC_Seeker:
1. How did you prove that you were in good status while going from F1 to H1 without an EAD card - any other way to do that.

The Real Canadian:
2. I had applied for the OPT-EAD in 2 parts (6 month + 6 month). I have a copy of the second 6 months, not the first one. However my F1 visa stamp and H1 approval are overlapping as the F1 visa duration allocated sometimes exceeds the time required to complete the degree.


Thanks

Best,
 
neil_teil said:
How did you prove that you were in good status while going from F1 to H1 without an EAD card - any other way to do that.
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Why do you feel you need an EAD to go from F1 to H1?

However my F1 visa stamp and H1 approval are overlapping as the F1 visa duration allocated sometimes exceeds the time required to complete the degree.
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Then I really don't see problem here. Again, if you have the petition number from the first EAD you will be just fine.
 
Why do you feel you need an EAD to go from F1 to H1?

=> Because there is generally a gap between the last day of graduation and H1 visa approval. For example I graduated in Aug and the H1 was filed by my employer in Nov. So the gap was covered by the EAD. In fact, this has generally been the case in the past few years when H1 quota expired early in the year and people had to wait until Oct for the new quota but had started work in May of that year with the help of the EAD.
 
neil_teil said:
Why do you feel you need an EAD to go from F1 to H1?

=> Because there is generally a gap between the last day of graduation and H1 visa approval. For example I graduated in Aug and the H1 was filed by my employer in Nov. So the gap was covered by the EAD. In fact, this has generally been the case in the past few years when H1 quota expired early in the year and people had to wait until Oct for the new quota but had started work in May of that year with the help of the EAD.
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u graduated in aug but after that u had OPT for 1 yr right? If yes u r fine, only things which is scaring u is you lost that OPT which is not a big deal at all. even if you dont have case # of OPT your school must be having record of it.
 
fast_gc_seeker said:
OPT ie EAD based on F1 is not needed for 485. I didn't send it when I filed my 485.
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==> Thanks a lot - I did have OPT for one year but the school does not have a record except a copy of the I-20 where they recommended the OPT.

But you did mention that you did not submit a copy of the EAD, how was your attorney able to certify that you were in good status at the time.
Our attorney said that the CIS Adjudicator will send a RFE (Request for Evidence) at which point we have to produce

best,
 
If you still have the receipt number, I think that number shows on the EAD card. Maybe that would help. Does your company file keeps one copy? It should also have been included in the H1 application package.

The officier might want you to show EAD to cover the lapse btw. F-1 and H1 dates. My interviewer asked me to explain the lapse and I showed her the card.

Good luck.

neil_teil said:
==> Thanks a lot - I did have OPT for one year but the school does not have a record except a copy of the I-20 where they recommended the OPT.

But you did mention that you did not submit a copy of the EAD, how was your attorney able to certify that you were in good status at the time.
Our attorney said that the CIS Adjudicator will send a RFE (Request for Evidence) at which point we have to produce

best,
Click to expand...
 
Finally, Tracked down the Lawyer of that company that I worked for from 6 years ago. The company has shut down but the Attorney is still in business. So found a copy of my EAD with him - Don't need to file FOIA now.

Thanks.
 
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