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Thread: Help!! EAD delayed and 90 days of unemployment over

  1. #1

    Help!! EAD delayed and 90 days of unemployment over

    Hello all,

    My EAD was returned to USCIS by USPS as undelivered on My 30th, 2018. Post that, I requested USCIS to resend me the card on my new address. The address has been updated on the system, but the USCIS has not yet mailed the card to me despite several followups.
    I have a valid job offer from a registered company, but the appointment letter is outdated as I was supposed to join the firm on June 4th, 2018. Now the firm is waiting for me to receive my EAD so that they can issue a new appointment letter.
    On July 24th, 2018, I would be completing my 90 days of unemployment on OPT. I fear that with the way USCIS is fucntioning, I might not receive my EAD by then.

    I have an approved H1B visa petition as well. But my new visa status would only get activated on October 1, 2018.

    I request a response for clarity on-
    1) What to do to recieve my card sooner
    2) Eployment status if 90 days pass
    3) Legal residence status in the US if 90 days pass

    Regards

    Prachi Garg

  2. #2
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  3. #3
    Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/posts/2260421170641906 12th July - Please review comments from other users

  4. #4
    Talk to the DSO

  5. #5
    If you have an approved H-1B, I think you can apply for F-1 Cap Gap to stay in status. I am unsure about the work authorization since you don't have any thus far in terms of OPT but I think you can legally stay on your Cap Gap. Find out with your DSO.

  6. #6
    You can work through receipt notice form which you received. Just update your employment soon with the school so that you won't go above 90days unemployment period.

  7. #7
    Try visiting USCIS field office in your location and explain your problem. You might get assistance.

  8. #8
    Hey Prachi,

    1st thing, it's not mandatory to have your EAD card to accept an offer. If your employer is so keen about it, you could request an updated I20 from your DSO which will show that your STEM application has been approved. Regarding the unemployment days, it's not 90 days straight but this is a cumulative count of 120 days for an OPT student, you could refer USCIS website for more details. Lastly, you cannot hang on until you receive the EAD card because there is not any exact process in place for redelivery of EAD's. It has been my personal experience, so trust me, it will take more than expected. I would say, share your I20 and convince the employer to get the offer. Once you're in, nobody really cares if you have the EAD card

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