missing EAD card as supporting document for AOS

M

mai14cc

Registered Users (C)
I'm getting ready to file for my AOS. In preparing my supporting documentation for the application, I realized I had a pending case for a replacement EAD card from more than four years ago. I simply forgot about it since I thought by filing the application for H1B was sufficient enough for me to be legal. Therefore, I did not follow through on this application at all. After verifying with the lawyer and USCIS, I realized that I do need to show evidence of my status before receiving H1B. Which means, I still need the replacement EAD card. My question is, would USCIS issue an expired card? Also, even though the application is pending, it is four years old, would they just abandon the application and have me file a new one? Luckily, I do have a duplicate approval notice showing the time frame I was originally approved for an EAD card even though the card was lost in the mail. I told the USCIS representative that I had the duplicate approval notice, he simply said that it's not good enough. What should I do? Do I really need to go through the hassle of attempting to recieve a replacement card which I probably won't get or should I just file for the AOS without that document? I have about three weeks in between my expired EAD and before receiving my H1B visa. I did work and receive pay during that time, which I later find out I was not supposed to... what should I do? :(
 
Please give us more details like in what status did you entered in th US. On which bases did you apply for EAD.
Remember EAD DOES NOT GIVE ANY STATUS, it is a permit to work and it is always related with some kind of visa status.
 
Please give us more details like in what status did you entered in th US. On which bases did you apply for EAD.
Remember EAD DOES NOT GIVE ANY STATUS, it is a permit to work and it is always related with some kind of visa status.

I entered the US with tourist visa, which I believe is B1 or something. Then I switched to F1 visa. I've been on F1 forever. The EAD was filed through optional practical training. It was approved but lost in the mail. I then filed for a replacement card and it seems the case is still pending. The online status for the case says that it was approved and a card was ordered but it doesn't say that the replacement was mailed. Anyways, I'm currently on H1B and like I said, I'm about to filed for AOS through my husband who is a US citizen. My main concern is that I had about three weeks in between my interim EAD that expired and my H1B being approved. Now, my duplicate approval notice shows a much longer approval period than the interim EAD. What I'm trying to figure out is if it's worth fighting USCIS for an expired EAD card which they probably won't issue me. If that's the case, what do I do? Please give me your advise and opinion...thank you so much!
 
You were approved for an EAD it just didn't got to you so you can submit a copy of your EAD approval. That is OK if you don't have the EAD card. And since your EAD was approved for longer time then you were never out of status.
Just for your information, if you are out of status for less than 180 days, your not "Out of Status" person.
So don't worry and submit a copy of EAD approval.
This is my suggetion.
 
You were approved for an EAD it just didn't got to you so you can submit a copy of your EAD approval. That is OK if you don't have the EAD card. And since your EAD was approved for longer time then you were never out of status.
Just for your information, if you are out of status for less than 180 days, your not "Out of Status" person.
So don't worry and submit a copy of EAD approval.
This is my suggetion.

Well, that is exactly what I thought originally. As long as I have the duplicate approval notice, I should be okay. However, I spoke with three different representatives from the 800 number and they all confirmed that the duplicate approval notice means nothing. It's the actual EAD card that I need to be able to work here. That's why I'm concerned about it. If they asked me in the interview, why I was working without my EAD card during those three weeks, I wouldn't know what to say. I mean, what is the penalty for doing just that? They can't possibly deny my application for AOS could they? Anyways, I have contacted division xii in CSC to see if someone can help me out. Thanks for your reply!
 
I would rather consult some lawyer than that stupid 800#.
Your application won't be denied for working without permit for 3 weeks that is I am sure. Check out this link.
http://uscis.gov/graphics/howdoi/LPReligibility.htm#j
I would say consult a lawyer for one time and ask him.
Keep us updated.

That's comforting to know. I'm glad to see that piece of information from USCIS' website. Thank you so much amishah!
 
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