flogmad

Hello, I am here on an E-1 Visa and my wife has had an Employment Authorization document for the last 4 years as a spouse of E-1. It was due to run out so we reapplied ahead of time and according to the USCIS it was delivered by the US postal service to our mailbox.

Only problem is that it wasn't!

We submitted a case with USCIS and were advised to wait 3 weeks for a reply which we did. We heard nothing and they have now confirmed that our case request has not been allocated to anyone yet.

My wife's employer is now saying that they cannot continue to allow her to work past today until they see the new card and that she can resume work as soon as they have it.

I called the USCIS again today and they told me something a little different which is that if we reapply again using form i-765 and request a replacement then the letter she receives shortly thereafter in the mail will enable her to work for up to 90 days while they process a replacement card.

Can anyone confirm whether this is the case? I have reapplied (and paid another $380!) but it would be useful if anyone had any concrete information.

Thanks in advance.

scrubbedexpat099

Never heard of a temp EAD, let us know what you get.

flogmad

Thanks. I did just find this paragraph in a document on the USCIS site. In it, on page 16, it says:

Persons applying for replacement documents can present the receipt for the I-765 as evidence of employment eligibility but must produce a valid card within 90 days of showing the receipt.

Well, we have her I-765 receipt where she applied for a replacement document which seems to suggest that she's good to work for the next 90 days. Any thoughts?

ian-mstm

It seems the issue lies with the USPS and not USCIS. Have you contacted the USPS to find out what happened? Perhaps it's sitting at your local post office or sorting station because of a delivery issue.


They are correct.


They can say whatever they want - their letter is not on the I-9 list of eligible documents.


You seem to have (deliberately?) overlooked the bit that says this is true only if the original is lost, stolen, or mutilated. That is not your situation. She isn't applying for a replacement EAD... she's renewing her EAD.

Ian

flogmad

Hang on Ian, I'm talking with someone who knows what they are talking about. Will come back and answer (correct!) your points shortly...

flogmad

We have the tracking number from the USPS and can track it on the USPS website which ends at the point where the USPS says it was placed in the mailbox. Over and above that tracking information I have called the USPS who can offer no further assistance. That's a dead end.

I think you've misunderstood Ian. She renewed it. It was approved. The new EAD was mailed. It did not arrive. I'm pretty sure it wasn't mutilated but it was definitely either lost or stolen.

flogmad

Good news. Armed with all the relevant information from the USCIS and USPS and the new I-765 receipt her employer have confirmed she can continue to work while the new card is processed provided it arrives within 90 days (which I'm sure it will).

Thanks for the advice and suggestions.

ian-mstm

Excellent. Well done.

Ian

flogmad

Thanks