I-765 for replacement EAD/AP

[SquashGuy 4]

Hi everyone - had a question regarding lodging an I-765 for a replacement EAD card, thank you in advance for your excellent and helpful input.

Brief background: I am currently on F-1/OPT, and applied for my AOS in December 2011 through my wife. According to my case status, my EAD card was supposedly delivered on March 1, 2012 but I never received it despite a lot of back-and forth with USPS. In addition, I received my NOA for the green card interview to be conducted on May 10, 2012. On a personal note, I have to leave the country on June 22nd for my wedding in my home country.

After opening a ticket with the USCIS hotline on April 4th, I received an email from them on April 13th stating 'as you have not received the card, and USPS has not returned the card to us, we conclude that the card was lost in the mail. You will now need to re-file the application for a replacement EAD' (paraphrased).

I am planning on lodging my I-765 in the next couple of days for a replacement card, and I need some help from the forum:

1) First, the rationale for my re-applying for the AP is that I need to be able to travel by June as a priority so this is a way to cover my bases. The EAD card that got lost took ~2 months (Dec 29 - Mar 1), so I figure that if I apply mid-April, I have a shot at getting it by mid-June. Also, if my AOS interview is on May 10th and it generally takes a month for the conditional green card to arrive after, there's also a decent shot of it coming by June 10-20th. Does that rationale make sense or am I missing something?

2) In a worst case scenario - if I leave the country in June and I'm out for a month, is it possible (in the event either of the cards don't arrive in time) for someone to mail me the cards. I would think it should be legal to mail an EAD card for sure. Could it be an issue if I leave the country based on my F-1 OPT but come back on my AP? Are there any considerations for first-time entry/exit on AP?

3) In terms of the I-765 filing itself:

i) Will I have pay the full $380 when applying for replacement EAD based on a pending I-485? I believe there was no fee for the original because

of the basis of application

ii) Will I have to take biometrics again? I believe biometrics aren't required for a renewal, but is it required for a replacement?

iv) Does anyone have experience with filing a replacement EAD? How long did it take for you?

iii)For question 11 "Have you ever applied for employment authorization from USCIS", should I be putting in the details for the EAD that was lost,

or the F-1/OPT?

Thank you for your help! Let me know if anything is unclear.

[grrrrreat 109]

Hi everyone - had a question regarding lodging an I-765 for a replacement EAD card, thank you in advance for your excellent and helpful input.

Brief background: I am currently on F-1/OPT, and applied for my AOS in December 2011 through my wife. According to my case status, my EAD card was supposedly delivered on March 1, 2012 but I never received it despite a lot of back-and forth with USPS. In addition, I received my NOA for the green card interview to be conducted on May 10, 2012. On a personal note, I have to leave the country on June 22nd for my wedding in my home country.

After opening a ticket with the USCIS hotline on April 4th, I received an email from them on April 13th stating 'as you have not received the card, and USPS has not returned the card to us, we conclude that the card was lost in the mail. You will now need to re-file the application for a replacement EAD' (paraphrased).

I am planning on lodging my I-765 in the next couple of days for a replacement card, and I need some help from the forum:

1) First, the rationale for my re-applying for the AP is that I need to be able to travel by June as a priority so this is a way to cover my bases. The EAD card that got lost took ~2 months (Dec 29 - Mar 1), so I figure that if I apply mid-April, I have a shot at getting it by mid-June. Also, if my AOS interview is on May 10th and it generally takes a month for the conditional green card to arrive after, there's also a decent shot of it coming by June 10-20th. Does that rationale make sense or am I missing something?

2) In a worst case scenario - if I leave the country in June and I'm out for a month, is it possible (in the event either of the cards don't arrive in time) for someone to mail me the cards. I would think it should be legal to mail an EAD card for sure. Could it be an issue if I leave the country based on my F-1 OPT but come back on my AP? Are there any considerations for first-time entry/exit on AP?

3) In terms of the I-765 filing itself:

i) Will I have pay the full $380 when applying for replacement EAD based on a pending I-485? I believe there was no fee for the original because

of the basis of application

ii) Will I have to take biometrics again? I believe biometrics aren't required for a renewal, but is it required for a replacement?

iv) Does anyone have experience with filing a replacement EAD? How long did it take for you?

iii)For question 11 "Have you ever applied for employment authorization from USCIS", should I be putting in the details for the EAD that was lost,

or the F-1/OPT?

Thank you for your help! Let me know if anything is unclear.

1) If you leave the country while AOS is pending without advance parole, the AOS is deemed abandoned. This is true for most classes of visa, including F-1 I believe. You need to make sure that your application for advance parole is approved. AP is applied for with I-131, not I-765. Your message is somewhat confusing because you reference I-765 and EAD, while EAD has nothing to do with permission to re-enter the country or preserving the AOS application. I understand that EAD and AP are often granted in a single card marked EAD, but you need to make it clear whether your application for I-131 was actually approved. Did you submit I-131 with your I-765?

2) Not sure what you mean by "leaving off my OPT/F1" but coming back on your AP. The U.S. doesn't require exit visas, so they typically don't care what your status is when you leave. However, your AOS application is abandoned if you leave without AP, so don't do it. AP can be sought on an emergency basis, so your worst case scenario is if you still don't have AP by the time you want to leave, you apply for one on an expedited basis. Check USCIS information about how to do that. Again, whether or not you have EAD doesn't affect coming or going from the U.S. AP is either a paper document or a combined EAD/AP card that you present upon re-entering. If you have a paper document, they detach and take one part of it the first time you enter and stamp the other half and give it back to you.

3) i) There's no fee for AP or EAD if you've already submitted an application for AOS. Submit the NOA1 you received from your AOS application with your I-131 and I-765. ii) Probably not, depends on when they were taken. iii) No experience time-wise for replacement APs. iv) Both.

[SquashGuy 4]

Grrreat,

Thanks for that critical piece of clarification. I was using EAD/AP interchangeably because I had filed my I-131 as well. My I-131 was approved Feb 27, 2011 (didn't get the notice again) but checked my case online.

I actually just spoke to an officer on the NSCS hotline - apparently customer service representatives can escalate to an office which I didn't know, and here is what I found out:

i) I should go ahead and re-file for I-765 and I-131 together (grrr, thanks for pointing out the difference again)

ii) I should apply on an expedited basis and attach my wedding card/itinerary as part of the rationale

iii) I have to pay the filing fees - first time around is free but replacements cost

iv) Biometrics are not required if I got them done in the last 15 months

Thanks again for your insight! This forum is so clutch...

[Little_My 464]

Seriously? The USPS lost the EAD and you never received it, and USCIS is making you pay the fee?? That seems absolutely ridiculous.

In any case, if your interview is on May 10 and you are approved fairly soon after that, it is pretty likely you will have your GC by the time you need to travel. Count yourself lucky - I flew to Finland early June 2011 also for my own wedding, which was taking place on July 30th. My AOS interview got scheduled for July 20th. I flew back to NYC on July 19, had my interview on July 20, and flew back to Finland on July 21. I spent more time in transit on an airplane on that trip than I did in NYC. At least your interview is well before you have to go back home!

Regarding the whole F1/OPT/EAD/AP confusion, the only thing that matters in regards to your traveling ability at this point is the AP. You are not under the F1 status anymore, since your AOS is pending, so you cannot travel under the F1 rules. Technically, your OPT EAD is also no longer valid from what I know. EAD has nothing to do with traveling, the AP and EAD are just a combo-card nowadays, but they are still two separate applications and essentially two separate documents. EAD does not allow you to travel, and AP does not allow you to work.

[grrrrreat 109]

Grrreat,

Thanks for that critical piece of clarification. I was using EAD/AP interchangeably because I had filed my I-131 as well. My I-131 was approved Feb 27, 2011 (didn't get the notice again) but checked my case online.

I actually just spoke to an officer on the NSCS hotline - apparently customer service representatives can escalate to an office which I didn't know, and here is what I found out:

i) I should go ahead and re-file for I-765 and I-131 together (grrr, thanks for pointing out the difference again)

ii) I should apply on an expedited basis and attach my wedding card/itinerary as part of the rationale

iii) I have to pay the filing fees - first time around is free but replacements cost

iv) Biometrics are not required if I got them done in the last 15 months

Thanks again for your insight! This forum is so clutch...

Thanks for the update and the clarification about fees--other folks have had their AP/EAD lost in the mail, and were able to get the replacement fees waived after some argument with USCIS, but if you are asking for it to be expedited anyway, maybe it's best not to push your luck.

[SquashGuy 4]

Thanks for the comments Little_My and grrreat.

Yes, I'm quite pleased about the interview date - fingers crossed that it will go smoothly and the card production won't take too long this time.

I'm going to lodge my I-765 and I-131 applications in the next couple of days, will keep you posted on the response.

Yeah I think I'm probably going to bite the bullet on the fees, my price elasticity is quite low on this