My friend's EAD card never received in the mail

[AmyAndDoug]

our best friend's EAD card was sent from USCIS about 1.5 month ago but was never received. He called the USCIS today and they refused to mail another one to him, and said he must reapply and pay the $340 something again. He has a lawyer but apparently very useless just like ours. So who's supposed to take the responsibility of EAD card lost thru the mail? shouldn't it be the sender? It doesn't even take USCIS much effort to mail another one. Yet, they take the situation as a chance to torture the immigrant and making more money out of him. This is so OUTRAGEOUS!!! >=O Can he or his lawyer sue them???

[dnoblett]

Did your friend apply for EAD with adjustment of status?

 

There is NO fee for EAD based on pending I-485.

 

Only people that pay $340 fee are people applying for EAD BEFORE AOS, or ones renewing an EAD that was issued before July 30 2007.

 

USCIS information line is not called the misinformation line for nothing.

 

If your friend is K-1 and applied and paid $340 fee before filing I-485 to adjust status, your friend made a mistake, K-1 EAD expires 90 days after entry, and cannot be renewed, it can take up to 90 days to get, so in most cases the EAD that results expires very shortly after it is issued, or USCIS will just keep the $$ and send out a denial notice because approval was after the 90 day mark noted on I-94. K-1 should NEVER apply for (a )(6 ) K-1 EAD, they should always apply for (C )(9 ) pending I-485 EAD.

[Randy W]

There's one more possibility. The renewal fee for an EAD card is $340 IF the I-485 was filed under the OLD fee structure.

 

These people seem upset about having to pay an additional fee. That would happen if the I-485 (NOT the EAD) was filed before July 30, 2007, regardless of how many times it is renewed.

 

Yes it is Outrageous, but yes they're probably stuck with it. Of course they can go to court and possibly get a free EAD, but not very likely.

[AmyAndDoug]

Our friend's been studying in the U.S. for many years, just got married early this year and applied I-485 & I-765 together. So that EAD card didn't cost money. But since they lost the card in the mail, USCIS told him to reapply WITH A FEE now since it's not applied with the I-485 anymore.

[Randy W]

Our friend's been studying in the U.S. for many years, just got married early this year and applied I-485 & I-765 together. So that EAD card didn't cost money. But since they lost the card in the mail, USCIS told him to reapply WITH A FEE now since it's not applied with the I-485 anymore.

 

I believe they can include a copy of the NOA1 for the AOS.

 

This is true if they file for EAD and AOS at the same time, or they they file the original EAD at a later date.

 

I'm not entirely sure, though, if they file either for a replacement or a renewal if the fee applies or not.

 

If it does, that's bad news for everyone who file for AOS after July 30, 2007 and needs to renew their EAD. The website seems vague on this.

 

Dan - have you heard of anyone on VJ renewing or replacing their EAD under the new fee structure?

[Randy W]

Bad news - from the instructions:

NOTE: If you are requesting a replacement EAD under the ( c )(9) or ( c)(16) Applicant for Adjustment of Status filed under the fee structure implemented July 30, 2007, then the full filing fee will be required; however, no biometrics fee is required.

 

Yes, it's a rip-off!

Edited August 22, 2008 by Randy W (see edit history)

[Sebastian]

Hey - any joy with an infopass appointment?

[dnoblett]

Our friend's been studying in the U.S. for many years, just got married early this year and applied I-485 & I-765 together. So that EAD card didn't cost money. But since they lost the card in the mail, USCIS told him to reapply WITH A FEE now since it's not applied with the I-485 anymore.

They may be treating the lost EAD like a lost Green-card, so are expecting a fee to replace.

 

Fee to replace a lost Green-card is (I-90) $370.

 

Kind of sucks, but sounds like USCIS assumes it was delivered, and then lost.

 

What I would do is file I-765 and attach copy of I-485 NOA1 Receipt letter to it along with a cover letter explaining that card was lost in the mail, may not fly though because you are REPLACING a card, NOT Renewing.

 

The I-485 NOA1 indicates that no fee should be charged.

 

Even persons renewing EAD that is based on the I-485 that was filed after July 30 2007 dont pay a fee for renewal.

Edited August 22, 2008 by dnoblett (see edit history)

[Randy W]

 

 

Even persons renewing EAD that is based on the I-485 that was filed after July 30 2007 dont pay a fee for renewal.

 

 

OK, Dan - do you know this from reading on VJ that someone successfully renewed their EAD without a fee, or do you see this in the instructions somewhere?

 

As far as I've seen, the instructions are ambiguous (and don't specifically mention) about these renewals.

[dnoblett]

 

 

Even persons renewing EAD that is based on the I-485 that was filed after July 30 2007 dont pay a fee for renewal.

 

 

OK, Dan - do you know this from reading on VJ that someone successfully renewed their EAD without a fee, or do you see this in the instructions somewhere?

 

As far as I've seen, the instructions are ambiguous (and don't specifically mention) about these renewals.

 

Renewal EAD:

 

An EAD issued to an eligible applicant at or after the expiration of a previous EAD issued under the same category.

 

Replacement EAD:

 

An EAD issued to an eligible applicant when the previously issued EAD has been lost, stolen, mutilated, or contains erroneous information, such as a misspelled name.

http://www.uscis.gov/files/form/I-765instr.pdf If filing for renewal or extension of EAD it will be done on the same category as prior EAD and fee is the same as prior EAD so should be no fee to renew EAD if first EAD was based on I-485 and paid the $1010 fee.

 

Note: No one has filed for an extension yet due to being less than a month since July 30 anniversary for rate hike, it typically took 90 days or more to get EAD so I suspect EADs filed for after rate change will be starting to be renewed around this time.

[Randy W]

http://www.uscis.gov/files/form/I-765instr.pdf If filing for renewal or extension of EAD it will be done on the same category as prior EAD and fee is the same as prior EAD so should be no fee to renew EAD if first EAD was based on I-485 and paid the $1010 fee.

 

Note: No one has filed for an extension yet due to being less than a month since July 30 anniversary for rate hike, it typically took 90 days or more to get EAD so I suspect EADs filed for after rate change will be starting to be renewed around this time.

 

 

I see now where it says (on page 7, under What is the Filing Fee?"

Renewal EAD: If this is a renewal application and you are applying under one of the following categories, a filing fee is not required:

1. . . .

3. . . .

2. . . .

4. . . .

5. ( c )(9) or ( c )(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.

so those guys are off the hook, unless they need a replacement.

Edited August 22, 2008 by Randy W (see edit history)

[jim_julian]

The best way to resolve this is to get an InfoPass appointment. Dress nicely. Be well prepared with copies of the submittal, copies of regulations, notes from USCIS phone calls, etc. Smile and be professional. Be firm if success is not immediate but never get angry. If necessary ask politely to see the supervisor.

 

It seems to me that if non-delivery cannot be attributed to negligence on your part, and I assume USCIS does not have proof of this, then you should be entitled to have USCIS mail the card again. I would never use the word "replacement" when referring to the card you want ... you never had it so how can it be replaced. You want the original EAD card.

[Sebastian]

OK - I dinna see any response to my post about making an infopass appointment.

 

So I'll digress a bit.

 

Your friend called ONCE, got ONE answer from ONE person.

 

I suggest he/she call multiple times, at different times of the day, asking the same question to the different people he/she gets on the phone, and perservere with the phone calls UNTIL he/she gets a REPRINT.

 

Good Luck !