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View Full Version : "Approved" EAD not yet received - What should I do?


kart2007
10-07-2008, 06:42 PM
Hello everyone,

My spouse's EAD was approved but its been 20 days and we haven't received it yet. My attorney says employer should be able to employ her on the basis of approval itself. Is this true? Can we explain to her employer this scenario or is it illegal to work on the basis of approval?

Also, her EAD expires on Nov 5th. On Oct 14th it will be 30 days since it was approved (and hopefulyl sent).

Can you please suggest what we can do best here?

ilikekilo
10-07-2008, 08:58 PM
as far as i know thats good enough, its approved.. so I think it should be fine...

pd_recapturing
10-07-2008, 09:38 PM
take infopass and request them to send the EAD card.

crzyBanker
10-07-2008, 10:57 PM
I am in the same position as initator. as safe side i re applied for my spouse's replacement EAD. this time she got FP notice and last time she did not get that.

lazycis
10-07-2008, 11:02 PM
She can work, but employer needs to see EAD to fill I-9 form.

kart2007
10-07-2008, 11:54 PM
She can work, but employer needs to see EAD to fill I-9 form.

But her EAD expires on 4th November, so how will the EAD shown to the employer will be only valid till 4th November. Her joining date is 3rd November.

Also this is clearly written on the I9 form:

Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days. However, if employers hire individuals for a duration of less than three business days, Section 2 must be completed at the time employment begins.


Anyone has any experiences similar to mine? I have already taken infopass appointment on 21st Oct and I will explain them. I hope it goes thru well.

Meanwhile, what should we tell the employer?

kart2007
10-13-2008, 08:23 PM
Our lawyer suggested reapplying for Replacement EAD. We have infopass appointment on 21st Oct. Hopefully we will get receipt by then. Does any one know how many days it takes to get receipt once USCIS receives the application?

Also what can we do so that her EAD is received before 4th November? Please advise.

ilikekilo
10-13-2008, 08:32 PM
But her EAD expires on 4th November, so how will the EAD shown to the employer will be only valid till 4th November. Her joining date is 3rd November.

Also this is clearly written on the I9 form:

Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days. However, if employers hire individuals for a duration of less than three business days, Section 2 must be completed at the time employment begins.





Anyone has any experiences similar to mine? I have already taken infopass appointment on 21st Oct and I will explain them. I hope it goes thru well.

Meanwhile, what should we tell the employer?






wow thanks man, i didnt know that...my ead is expirgin on oct 30th and didnt get it yet even after senator follow upand when its expedited..

good to know that I can show the receuipt notice and still work even after the ead expires..

kart2007
10-13-2008, 08:46 PM
wow thanks man, i didnt know that...my ead is expirgin on oct 30th and didnt get it yet even after senator follow upand when its expedited..

good to know that I can show the receuipt notice and still work even after the ead expires..

Thats what I think, but it looks like some employers dont allow this. I would like to know if someone has been thru this experience before.

kart2007
10-16-2008, 02:17 PM
Anyone, any ideas?

edaltsis
10-16-2008, 07:00 PM
Receipt notice can be shown only in the case of H1B transfer but not EAD. IT IS ILLEGAL TO WORK WITHOUT A VALID EAD CARD IN HAND (I'M 100% TRUE). EAD card has to be with one who works, there is no exemption. If you work, it's at your risk (if the employer is ignorant about these issues but most of the employers dont let you work). In the future it might affect your Green Card process.

I'm working on EAD and spoke with well experienced lawyers on this.

ilikekilo
10-16-2008, 07:35 PM
Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days. However, if employers hire individuals for a duration of less than three business days, Section 2 must be completed at the time employment begins.


I still dont get it when there is a clause here taht clearly says the persin has 90 days to show the proof of eligibility..these laws are so convuluted and contradict each other

kart2007
10-17-2008, 02:22 PM
Receipt notice can be shown only in the case of H1B transfer but not EAD. IT IS ILLEGAL TO WORK WITHOUT A VALID EAD CARD IN HAND (I'M 100% TRUE). EAD card has to be with one who works, there is no exemption. If you work, it's at your risk (if the employer is ignorant about these issues but most of the employers dont let you work). In the future it might affect your Green Card process.


What you are talking about is a new EAD, not an Approved EAD which was lost (either by mail or by USCIS).

References:
1. USCIS: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b39ff8ffdee0e010VgnVCM1000000ecd190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

2. OSC Update:

http://www.usdoj.gov/crt/osc/pdf/osc_update_OCT05.pdf


1. The New Employee Who Lost Her Employment Authorization Document
Employer: (speaking with an OSC attorney.) I just hired a new employee. When I asked her to complete section
one of the I-9 form, she checked the box that indicates that she is an alien authorized to work until November 1, 2006
However, when I asked her to present proof of her authorization to work in the United States–either a List A document
or one document from List B and one document from List C–she showed me a photocopy of her employment authorization
document (“EAD”) and stated that she had lost the original document when she left her wallet on the bus. Can
I accept the photocopy instead of the original document?
OSC Attorney: As you may suspect, an employer must review the original document and may not accept a photocopy
in its place for employment eligibility verification purposes. However, where an employee has lost or misplaced
her document or where it has been stolen, she can present her employer with a receipt showing that she has applied for
a replacement document. The employer must accept this receipt in lieu of the original document and the employee must
then present the new replacement document within 90 days of hire, or in the case of reverification, by the date that the
employment authorization expires. Please note that this “receipt rule” does not apply to receipts that demonstrate that
an employee has applied for a new document extending her status or adjusting her status. In the alternative, a newly
hired employee may show a different original List A document or an original List B and an original List C document.
Employer: It sounds like there is a good chance that I will be able to employ this individual, because she has
applied for a replacement EAD and does have a receipt. Thank you for this valuable advice.



All said, the most difficult part is to convince the employer that such a rule exists.

Anyone feels otherswise?




I'm working on EAD and spoke with well experienced lawyers on this.

You should probably share this information with your experienced lawyers and see what they have to say?

sanjeev
10-17-2008, 03:40 PM
I was in the same situation few months back, my wife's and my EAD got approved the same day, she received her within 3 days but I didn't get mine for 30 days. When I called the customer service and asked them if i can continue working after the EAD expired they told me I CANNOT. They told me they are going to inform the IO about my situation and I should contact them after a month, I told them my EAD is going to expire in next two weeks I cannot wait for such long, I may loose my job, but she gave a S***t to what I said and cared less about my situation. Finally I took a infopass, the lady at the Infopass centre also said that I cannot work without a EAD card, she right away sent a email to the IO while I was there and all the while she was typing the email she was smiling away, I asked her the reason for her smile and she told me she is sending a email which is going to really embarass the IO though she did not reveal the contents of her email, she assured me I should have my card within next 10 days, I got it in 3 days time, a week before it was to expire.


Hello everyone,

My spouse's EAD was approved but its been 20 days and we haven't received it yet. My attorney says employer should be able to employ her on the basis of approval itself. Is this true? Can we explain to her employer this scenario or is it illegal to work on the basis of approval?

Also, her EAD expires on Nov 5th. On Oct 14th it will be 30 days since it was approved (and hopefulyl sent).

Can you please suggest what we can do best here?

ccppjava
10-17-2008, 04:02 PM
Receipt notice can be shown only in the case of H1B transfer but not EAD. IT IS ILLEGAL TO WORK WITHOUT A VALID EAD CARD IN HAND (I'M 100% TRUE). EAD card has to be with one who works, there is no exemption. If you work, it's at your risk (if the employer is ignorant about these issues but most of the employers dont let you work). In the future it might affect your Green Card process.

I'm working on EAD and spoke with well experienced lawyers on this.

When you say , "IT IS ILLEGAL TO WORK WITHOUT A VALID EAD CARD IN HAND" , do you mean to say "IT IS ILLEGAL TO GET PAID" right?

kart2007
10-17-2008, 05:10 PM
I was in the same situation few months back, my wife's and my EAD got approved the same day, she received her within 3 days but I didn't get mine for 30 days. When I called the customer service and asked them if i can continue working after the EAD expired they told me I CANNOT. They told me they are going to inform the IO about my situation and I should contact them after a month, I told them my EAD is going to expire in next two weeks I cannot wait for such long, I may loose my job, but she gave a S***t to what I said and cared less about my situation. Finally I took a infopass, the lady at the Infopass centre also said that I cannot work without a EAD card, she right away sent a email to the IO while I was there and all the while she was typing the email she was smiling away, I asked her the reason for her smile and she told me she is sending a email which is going to really embarass the IO though she did not reveal the contents of her email, she assured me I should have my card within next 10 days, I got it in 3 days time, a week before it was to expire.



Thanks a lot Sanjeev. Could you please explain the detailed process at the infopass - what did you tell the officer, was she hesitant to listen to you or help you out and anything else I should know? I have an Infopass coming up on Tuesday.

sanjeev
10-17-2008, 06:01 PM
Thanks a lot Sanjeev. Could you please explain the detailed process at the infopass - what did you tell the officer, was she hesitant to listen to you or help you out and anything else I should know? I have an Infopass coming up on Tuesday.

She was very pleasant and helpful, she asked me the reason for my visit, I told her that my EAD has been approved and it's more than 30 days and I haven't received it as yet, she was suprised and told me it should not take so long, she saw my I485 receipt and approved I140. She also told me to come back if I do not receive my EAD within next 10 days

H1B-GC
10-17-2008, 08:11 PM
Thanks a lot Sanjeev. Could you please explain the detailed process at the infopass - what did you tell the officer, was she hesitant to listen to you or help you out and anything else I should know? I have an Infopass coming up on Tuesday.

If you don't receive the EAD by November 5th, Apply the another EAD a week before it and with the receipt Notice you could start working LEGALLY. I know you got pay and do all the paperwork all over again but you have no choice. Make sure you write a cover letter explaining all the details. The same happened to my friend and i know the Process/Frustation it took to get over this issue.

kart2007
10-18-2008, 03:42 AM
Thanks Sanjeev. I have Infopass coming up on 21st, I will let everyone know how it goes.

@H1B-GC - I have already applied for the replacement EAD and should get the receipt within 10 days (hopefully). Now legally this could be used to work, however I really hope my infopass goes well.

H1B-GC
10-18-2008, 09:39 AM
Thanks Sanjeev. I have Infopass coming up on 21st, I will let everyone know how it goes.

@H1B-GC - I have already applied for the replacement EAD and should get the receipt within 10 days (hopefully). Now legally this could be used to work, however I really hope my infopass goes well.

All the Best. The Receipt Notice could make you work only for 90 Days

kart2007
10-20-2008, 01:45 PM
Thanks everyone. Infopass coming up tomorrow, will let you know how it goes. Meanwhile, if you have anything else to say, please do so.

kart2007
10-21-2008, 01:49 PM
Infopass didn't help at all. The lady was very rude and she said she could not do anything about the case. When we were explaining our case she said "I know why you are here...". She then asked us to reapply for a duplicate. When we told her that the EAD is expiring on 5th Nov she said "there was nothing in her hands and she could not do anything about the case".

This is getting really frustrating now, I am so tensed these days I hardly sleep.

Ok now what?

ilikekilo
10-21-2008, 02:38 PM
did you contact ur senator, and email ombudsman or something, and call hte USCIS again , hopefully u might get an helpful IO..

good luck to u...

kart2007
10-21-2008, 02:44 PM
did you contact ur senator, and email ombudsman or something, and call hte USCIS again , hopefully u might get an helpful IO..

good luck to u...

Spoke to two USCIS guys on the phone, didn't seem to be of any help. Looks like they can only see what we can see. All they did is opened up a service request and asked me to wait for 45 days.

I will next email the Ombudsman and see hwo it goes.

kart2007
10-22-2008, 02:32 PM
Wrote email to Ombudsman yesterday. But I dont see how they can change status of a case already approved.

Does anyone here have their EAD card send, then lost, then received it again, while the status remained approved?

I don't have much hopes on this application working, perhaps the renewal I filed might come quicker than the "approved" case.

kkt_tkk
10-22-2008, 07:06 PM
Wrote email to Ombudsman yesterday. But I dont see how they can change status of a case already approved.

Does anyone here have their EAD card send, then lost, then received it again, while the status remained approved?

I don't have much hopes on this application working, perhaps the renewal I filed might come quicker than the "approved" case.

Hi,

I gone in to the same situation.
In my case Approval imformation in Case status online, till 30 days I didn't received the card.
But after that online case status changed to .....Card return back by Postal, undeliverable, even though no change in address, I received the receipt numbers, etc to same address.

Jerrome
10-23-2008, 10:49 AM
It just happened to my wife. It got approved,post office returned for some reason, We kept on calling USCIS almost every day. They created a SR within 1 week we received the card. I hope if you keep on calling(don't talk to the national service, some how you have to get to the Processing Office like TX,or NSC).

Do you have the approval notice, in my case my lawayer received that, you can try if your employer accepts that as a proof of approval.

reddy77
10-23-2008, 11:12 AM
Gurus, can someone please shed some light on my issue, My EAD got expired 2 weeks and I didn't renew it since I am on h1 and still have 2 years more on h1. My wife got a job offer and i am planning to apply EAD now. Is there any issue to renew the EAD since it is already expired. whats the best way to apply EAD (paper file or e-file, mine is NSC)....Thanks....

kart2007
10-23-2008, 06:30 PM
It just happened to my wife. It got approved,post office returned for some reason, We kept on calling USCIS almost every day. They created a SR within 1 week we received the card. I hope if you keep on calling(don't talk to the national service, some how you have to get to the Processing Office like TX,or NSC).

Do you have the approval notice, in my case my lawayer received that, you can try if your employer accepts that as a proof of approval.

In our case the post office did not return it. They say it was lost in the mail. Do you have the service center number for Nebraska? The receipt notice I have has the National service number only.

kart2007
10-28-2008, 12:54 PM
Gurus, can someone please shed some light on my issue, My EAD got expired 2 weeks and I didn't renew it since I am on h1 and still have 2 years more on h1. My wife got a job offer and i am planning to apply EAD now. Is there any issue to renew the EAD since it is already expired. whats the best way to apply EAD (paper file or e-file, mine is NSC)....Thanks....

I dont see any problem in renewing your EAD. All they need is $$$. They'll do it.

crzyBanker
10-28-2008, 07:14 PM
Wrote email to Ombudsman yesterday. But I dont see how they can change status of a case already approved.

Does anyone here have their EAD card send, then lost, then received it again, while the status remained approved?

I don't have much hopes on this application working, perhaps the renewal I filed might come quicker than the "approved" case.

my spouse's ead was lost in email and after 35 days the status on the web site said it was undeliverable so was sent back to uscis. Called them the next day and they said they are going to send it on the same day and we should recieve it within 3 days.

Actually they did not mail it the same day but it was mailed after a week (you can see the day it was mailed as the status is updated on web site) and within 3 days we recieved the card. so my advice is keep checking the status on the web site and once they have it as undeliverable call them.

There was no difference in the address but still usps was not able to deliver it the first time. the only difference 2nd time was they listed the name as first name space last name instead of last name, first name.

kart2007
10-28-2008, 09:12 PM
my spouse's ead was lost in email and after 35 days the status on the web site said it was undeliverable so was sent back to uscis. Called them the next day and they said they are going to send it on the same day and we should recieve it within 3 days.

Actually they did not mail it the same day but it was mailed after a week (you can see the day it was mailed as the status is updated on web site) and within 3 days we recieved the card. so my advice is keep checking the status on the web site and once they have it as undeliverable call them.

There was no difference in the address but still usps was not able to deliver it the first time. the only difference 2nd time was they listed the name as first name space last name instead of last name, first name.



Thanks. Today we got a mail from NSC that the EAD is lost in mail and they asked us to reapply (which we already have).

kart2007
12-04-2008, 06:46 PM
I wanted to let you know what we received the duplicate EAD a month after applying. We had to undergo a lot of frustration but life goes on....Thanks for all your help and inputs.

So this is a lesson for those of you whose EAD gets lost in mail..APPLY FOR A DUPLICATE ASAP! Its the only way out.

rck4evr
01-15-2009, 06:26 PM
Wanted to share my experience with EAD lost in mail.

My Ead was applied on Oct 31st and it was approved and mailed on Dec 11th. I waited for one month and called USCIS on Jan 11th. They told me that it must be delayed because of Holidays, the lady said it was never returned.

I took an infopass appointment just to make sure it was lost before I apply for a replacement. The person at the local USCIS office was very friendly He looked at my case and he was surprised to find that my case had the following comment on Dec'11th

"Card quality not satisfactory, Card Destroyed. Waiting for more details or reorder"

He sent an email to Card Push department and said I should get the new card very soon.