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Replacement EAD not received-nearing 90 days of employment?

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  • Replacement EAD not received-nearing 90 days of employment?

    Hello guys,

    I had applied for my OPT- EAD card in June and given a start date of September 1, 2014. My application was approved and the card was mailed to me. But USPS lost the card so I re-applied for the EAD-replacement. I requested USCIS to expedite the process and had attached my Job offer letter and also the letter from employer. But even that request was rejected by them. I recently got to know that the Start- up date for the replacement card would be same as what was there on the initial card which was Sept 1st, 2014. Now according to this my 90 days would be over on Nov 29th, 2014. Would this count as 90 days of unemployment? I have the job but I am not able to start because I don’t have the card. Also there is a I9 Receipt rule which states that if your initial card is lost and if you have the receipt for replacement of card, you can be hired but even this doesn’t apply to me as I did not receive the receipt this time! I requested USCIS to resend the receipt but they mailed me a notice saying they cannot resend it.

    1. Can anyone suggest me a way out?

    Also I checked under OPT guidelines issued by Homeland security and there is this rule on page 17th point # 7.1.7 which states the following :
    If a student does not receive the approved EAD, the missing EAD is not returned to the USCIS Service Center, and the student applies for a replacement EAD, when does the student begin accruing unemployment?
    The “clock” for unemployment starts after issuance of the replacement EAD by USCIS.

    2. According to this rule, does it mean that I won’t go out of status from Nov 29th, 2014? Are my unemployment days being accumulated?
    3. If I receive my card, what would be the start date?

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (Nov 27th)

      Comment


      • #4
        Originally posted by payalk View Post
        Hello guys,

        I had applied for my OPT- EAD card in June and given a start date of September 1, 2014. My application was approved and the card was mailed to me. But USPS lost the card so I re-applied for the EAD-replacement. I requested USCIS to expedite the process and had attached my Job offer letter and also the letter from employer. But even that request was rejected by them. I recently got to know that the Start- up date for the replacement card would be same as what was there on the initial card which was Sept 1st, 2014. Now according to this my 90 days would be over on Nov 29th, 2014. Would this count as 90 days of unemployment? I have the job but I am not able to start because I don’t have the card. Also there is a I9 Receipt rule which states that if your initial card is lost and if you have the receipt for replacement of card, you can be hired but even this doesn’t apply to me as I did not receive the receipt this time! I requested USCIS to resend the receipt but they mailed me a notice saying they cannot resend it.

        1. Can anyone suggest me a way out?

        Also I checked under OPT guidelines issued by Homeland security and there is this rule on page 17th point # 7.1.7 which states the following :
        If a student does not receive the approved EAD, the missing EAD is not returned to the USCIS Service Center, and the student applies for a replacement EAD, when does the student begin accruing unemployment?
        The “clock” for unemployment starts after issuance of the replacement EAD by USCIS.

        2. According to this rule, does it mean that I won’t go out of status from Nov 29th, 2014? Are my unemployment days being accumulated?
        3. If I receive my card, what would be the start date?
        1. You seem to be stuck, and you need to wait for the replacement.
        2. The guideline you read seems to answer your question exactly: you will not accrue unemployment until after you receive the replacement.
        3. The start date will be the date of the original card.

        Comment


        • #5
          1. No
          2. Weird, ???
          3. Yes you won't go out of status, also contact ur DSO
          4. Since u already mentioned Sep 1 2014, that wld b ur start date, unfortunately

          Comment


          • #6
            1.yes
            2.If it's approved you might have received a copy before receiving EAD card you can use that !!

            Comment

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