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Replacement EAD - Currently on Admin. leave without pay - Insights requested

Discussion in 'Employment verification issues' started by ramsf2010, Aug 9, 2011.

  1. ramsf2010

    ramsf2010 Junior Member

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    Hi Ron
    I had in my possession a valid EAD that was to expire around Sep 2012 timeframe and was deputed to offshore (India) for about 10 months. On the way back, I lost the EAD and went ahead and filed for the replacement EAD couple days after I was back in the USA. According to the 'received date' on the receipt notice it is about 60 days now and according to the 'notice date' on the receipt notice it is about 48 days now (as of today - 8/9).

    That said, my employer already suspended my employment and put me on an administrative leave without pay. I provided the last year's receipt (that I applied for renewal) and this year's receipt notice. My company however insisted on providing a proof that states it is indeed a 'replacement' EAD application - unfortunately, I did not make a copy of the application that I sent in.

    On the other hand, while applying for the replacement EAD, I sent with the packet among other documents the bottom portion of the EAD mailer (EAD I lost) without a making a copy of that too! Moreover, my receipt notice for the 'replacement' EAD does not say/mention anywhere it is for a replacement EAD.

    Given this scenario, I have expedited the case and sent out documents citing my employment suspension and tried calling the USCIS customer service a number of times only to hear that they will let me know in 5 days and if I do not have an update I need to wait for 30 more days to know anything about it!? I do not understand the reason for expedite in this case and oddly enough I am out of employment as well.

    In essence, my employer refused to consider the 2 receipt notices and needs the physical EAD card to file my I-9 or least they wanted the copy of the application that I sent in. I have sent out an email with all evidence that I could provide and a USPS mail as well to FOIA requesting a copy of the EAD details (that is valid - lost though), copy of application I filed last year (for the EAD I lost) and the copy of the bottom portion of the EAD mailer (for the EAD I lost, of course).

    I have tried an in-person reach out to USCIS local office officer but to no avail. They checked their system only to find there is no mention of 'replacement' EAD application. So far no updates and/or progress in my case and I am trying one more avenue - Congressman :). Is there any other way out for me to start work?

    As bad as it can get, no, I never bothered to make a copy of the physical EAD card as well.

    Your insights on this is much appreciated. Also, request you to share why USCIS will not address areas such as this - lost EAD situations let alone the renewal EAD. Also, would it be fair to say that there is an intentional delay on the approvals of EADs (especially) or is it due to the lack of workforce and/or service centers to work on them?

    Just trying to understand the USCIS climate better to be informed for the next time around. Looking forward to hear from you.

    Cheers
    Ram Chandrasekaran
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Replacement EAD - Currently on Admin. leave without pay - Insights requested

    You have employment authorization, you just don't have proof of it. I understand your employer's position. They could, in theory, be subject to a fine if they were audited before your new card arrives. Personally, if I were them, I'd take the chance and dare the government to try and fine me for their own delays in issuing a replacement card. Nonetheless, if you employer won't step up, then all you can do is try to get the USCIS to expedite your card processing. Normally, if someone can show proof that they will lose their job, or be placed on unpaid leave, they are willing to expedite. Since you have given them such evidence, the ball is in their court. The odds are pretty good that they will act promptly.
     
  3. ramsf2010

    ramsf2010 Junior Member

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    Re: Replacement EAD - Currently on Admin. leave without pay - Insights requested

    Thank you very much for the quick response, Attorney Ron Gotcher. I really appreciate it.

    I picked up the below note from the USCIS handbook for employers 2011 edition. Would this be directly to my situation, if yes, would it be fair to say that my employer can actually get going with my payroll and have me come back to work? I understand your take about fines et al. wanted to make sure if I need read between the lines on the below notice USCIS have in the handbook.


    23. Q. When can employees present receipts for documents in lieu of actual documents from the Lists of Acceptable Documents?
    A.

    The "receipt rule" is designed to cover situations in which an employee is authorized to work at the time of initial hire or reverification, but he or she is not in possession of a document listed on the Lists of Acceptable Documents accompanying Form I-9.Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
    An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 or Section 3 of Form I-9.The receipt is valid for a temporary period



    .There are three different documents that qualify as receipts under the rule:

    1.A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the replacement document to complete Form I-9.


    NOTE:

    This rule does not apply to individuals who present receipts for new documents following the expiration of their previously held document.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Replacement EAD - Currently on Admin. leave without pay - Insights requested

    This appears to apply to you.
     

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