URGENT!!!H1B in limbo, EAD Card lost in Mail, What do i do?

K

kadamtal

Registered Users (C)
Hi Friends,

I applied for H1B extension in May,2003 and an RFE was issued on it on Oct,2003. RFE sent back to INS as company moved and change of address did not take place on the RFE. I am trying hard to get another copy of RFE but doesn't seem to come my way at all :-(

My EAD was approved in May,2003 but the Card was lost in mail. After many months of pursuing, the Imm. Officer told to re apply for EAD under replacement of lost card. That i applied in Dec,2003.

Will i be out of status if H1B RFE does not come before that 90 days to respond time period. and can i go to local office and get iEAD since my initial EAD is approved anyways...

Any suggestions or help highly appreciated...

Thanks
 
You can work for 240 days after applying for H1 extension till it is approved so you are OK till end of 2003 I guess.
As for the EAD part your best shot is to get an iead. Now the question would be whether INS would consider the EAD application as new one or if it considers the OLD one which you never got as valid. You have a scenario which amateurs would find tough to answer, my sincere advice to you would be to get some professional advice.

Personally i think you are OK legally as you have an approved EAD, if you are able to convince your company to allow you to work with your lost EAD application you should be allright, just get your H1 and new EAD fast and keep us posted,
Best of Luck !!! :confused:
 
Getting IEAD at local office might not be possible. So will be
convincing the employer. They want to see the EAD.

Best bet and safe decision would be to apply for H1 premium
processing and to reapply for EAD as soon as possible.

Ofcourse ask your lawyer. He knows better.
 
Applying for H1-B premium processing may be one choice and also in this forum I have seen some people getting iEAD even before 90 days. You may try for that and look into forum for others experience
 
Thanks friends for all your suggestions,

I asked my lawyer to file for premium processing. Also i am planning on visiting the local office for iEAD. Hope it will all work out for me.

Any more suggestions, please let me know. I can use all the help in the world, i can get....
 
kadamtal,

did you know that while you can not work using a receipt for an original EAD for I-9 purposes, you still can work using a receipt for a replacement (lost or stolen) EAD?

Search the forum, we've had some heated discussions on this subject awhile ago.
 
Thanks Bitterman...

I called the BCIS phone service and asked the Imm.Officer about what you suggested. She told me that i can work on the receipt of the replacement EAD. But she also went on to say that "as long as it is on the receipt notice that it is replacement EAD" but my receipt notice doesn't read that. Maybe i should call again and ask some other Imm Officer...
 
You must log in or register to reply here.
Top