F1-OPT student - Missing EAD card.. re-applied- Can I work on I-9 receipt rule?

[nikitha99]

Hello,

I am a F1 student on OPT. My EAD card was lost in mail. also it didn’t go back to USCIS. Ive now re-applied for replacement EAD and have the receipt I-797 for it

1) I-9 receipt rule says if employer agrees then I can start working which valid for 90 days. Does this apply to all cases of re-application.. are there any grey areas and complications I need to be aware of?

2) My school staff are sticking adamantly that I need to have the EAD before I can start working and telling I-9 rule doesnt apply to me.. This contradicts the rule which nowhere states the school controls if I can work based on the receipt or not ?

So my question is if I have a job and intend to work on I-797, can the school NOT accept my employment record without EAD and refuse to issue I-20.. This is crucial since USCIS/DHS determines my status through the employment update I report to the school.

It seems my school staff are just playing safe and dont wish to handle a exceptional scenario even though its LEGAL ?

Any clarity on how to handle this issue or sharing similar situation info will be appreciated..
Thanks!

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[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...12008275483205 17th March - Please review comments from other users

[DesiOPT-FaceBook-Fan]

how do you know the start date on the card .so if you have a copy of ead card they may allow you to work when the reapply is in process. so we dont know when the start date on the card .so the university cannot allow you to work

[DesiOPT-FaceBook-Fan]

Dates are listed in i20 . And 797 says receipt for replacement .
I9 validation listed in procedure document

[DesiOPT-FaceBook-Fan]

we cannot gurantee the same dates mentioned in I 20 will be on the card .my i 20 says oct 1 but on card it was mentioned from nov 9

[DesiOPT-FaceBook-Fan]

Replacement does not change dates

[DesiOPT-FaceBook-Fan]

OP question is about replacement of his/her card . Not initial opt

[DesiOPT-FaceBook-Fan]

My EAD card was lost in mail. also it didn’t go back to USCIS. Ive now re-applied for replacement EAD and have the receipt I-797 for it . she did not see the card physically

[DesiOPT-FaceBook-Fan]

Whats the point ?? Uscis i9 procedures gave option to work if u apply for replacement of card and have 797 receipt

[DesiOPT-FaceBook-Fan]

An employee must present the actual document for which a receipt was issued within 90 days of his or her first day of employment. In the case of reverification, the employee must present an actual document within 90 days from the date by which reverification is required (i.e., when his or her employment authorization expires).

For example, if an employee begins work on Monday, the employer should count Tuesday as Day 1 and count 90 days to determine the validity period of the receipt.

If the same employee begins work on Monday but does not provide the receipt to complete Section 2 until Thursday, the employer should still count Tuesday as Day 1 and count 90 days to determine the validity period of the receipt.

[DesiOPT-FaceBook-Fan]

You can only work with EAD in hand.

[DesiOPT-FaceBook-Fan]

U can work on receipt up 90 days . If employer allows it .. as u said i9 procedures states about this point

[DesiOPT-FaceBook-Fan]

Let me know if u need more info