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Filed: Timeline
Posted

I am currently filing I-485 based on being a spouse of US citizen and also filing I-765 concurrently, and have a question regarding I- 765 form.

Before asking my question, below is the chang history of my USCIS status:

I was on F1-Visa and had OPT after receiving Employee Authorization Document (EAD) card for a year and I am currently on H1-B which expires on May 31, 2010

I-765, Question 11

“Have you ever before applied for employment authorization from USCIS?”, I can say “Yes” for this question but the problem is I have lost my old EAD card that I received for my OPT and cannot submit copy of my old EAD card as a supporting evidence.

1) If I say “Yes” to this question and what do I need to write for "Which USCIS office?"

2) If I say "Yes", Is USCIS going to reject my application because I did not submit my old EAD as an evidence?

Thank you for your answer in advance.

Filed: Timeline
Posted
1.) I would say 'yes' and 'N/A - F1 visa'

2.) Why would you include your prior EAD as evidence - evidence of what?

Thank you for your response TracyTN. I may have used wrong tem "evidence". The form actually says "Results (Granted or Denied -attach all documentation)" in the third question in question 11. However, I do not have old EAD card or related documentation currently.

Also, as per, I -765 instruction, one of the required documents is :"A copy of your last EAD (front and back). If no prior EAD has been issued, you must submit a copy of a Federal Government-issued identity document, such as a passport ~~" Since I do not have my old EAD which has been already expired, what should I do? Can I just send my passport and H1 related documents without EAD although I used to receive EAD for OPT?

Thanks,

Posted
Thank you for your response TracyTN. I may have used wrong tem "evidence". The form actually says "Results (Granted or Denied -attach all documentation)" in the third question in question 11. However, I do not have old EAD card or related documentation currently.

Also, as per, I -765 instruction, one of the required documents is :"A copy of your last EAD (front and back). If no prior EAD has been issued, you must submit a copy of a Federal Government-issued identity document, such as a passport ~~" Since I do not have my old EAD which has been already expired, what should I do? Can I just send my passport and H1 related documents without EAD although I used to receive EAD for OPT?

Thanks,

I took that to mean if it was denied, attach documentation of that denial. Of course I could be wrong! Let's see what some others here think. Esp. as its been a while since I've had to deal with that particular form. :)

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Posted

I guess the safest thing you can do is go with the "Honesty is the Best Policy" approach. Under granted or denied, I would put "Granted, see attachment" Attach anything you may have for that EAD - your NOA1, or the approval notice...anything at all. Also include a letter, clearly labeled as attachment for that question with the explanation that you have lost the documentation, but here's what you have from that processing.

Just keep in mind that this is a multi-purpose form, and you are applying based on your Family based AOS - most anything that comes before doesn't matter so much, they can treat it like a new case, if they like.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

 
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