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Immigration Forum / USA Marriage Base / August 2005



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ead lost but aos interview 10/25, reapply or wait?

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pj2cents - 30 Aug 2005 00:30 GMT
My husband lost his first 1-year EAD card which expires in Dec. 05.  He
was recently laid off from his job and needs to find another job asap.
We have our AOS interview scheduled for Oct 25 in Tampa.  Should we 1)
apply for replacement EAD at$175, and/or 2) apply for renewal EAD at
another $175, or 3) just wait for the AOS interview and pray and hope
for the greencard shortly thereafter?  He does have a copy of the lost
EAD card.  I'm wondering if when he applies for jobs (construction) that
he could just show the copy of the EAD--and an employer would accept it
- has anyone tried this?

timeline:  k1 visa received from Jamaica and arrived in U.S. 7/21/04.
Married 8/27/04.  Submitted that AOS paperwork in October and got EAD
card and AP in mail, January 05.  Received notice of AOS interview not
too long ago, and interview is scheduled Oct 25, 05 in Tampa.
Noorah101 - 30 Aug 2005 00:39 GMT
> My husband lost his first 1-year EAD card which expires in Dec. 05.
> He was recently laid off from his job and needs to find another job
[quoted text clipped - 10 lines]
> card and AP in mail, January 05.  Received notice of AOS interview not
> too long ago, and interview is scheduled Oct 25, 05 in Tampa.

Hi pj,

About the only thing I can offer is that even a renewal EAD card can
take around 2 - 3 months to receive, so he won't even get that until
close to the interview date.  If a company will hire him by showing the
photocopy of the EAD, wonderful.  It would be a shame to be out of work
for a few months while he is eligible to work...I'm not sure if there's
a quicker way to get a "replacement for lost EAD".  Hopefully someone
who knows can chime in.

Best Wishes,
Rene
Noorah101 - 30 Aug 2005 00:40 GMT
> Hi pj,
>
[quoted text clipped - 8 lines]
> Best Wishes,
> Rene

I should add that it might be a good idea to apply for the EAD
renewal anyway, just in case you don't get approved at the interview,
he will have it.

Rene
ian-mstm - 30 Aug 2005 02:34 GMT
> My husband lost his first 1-year EAD card which expires in Dec. 05.
> He was recently laid off from his job and needs to find another job
[quoted text clipped - 10 lines]
> card and AP in mail, January 05.  Received notice of AOS interview not
> too long ago, and interview is scheduled Oct 25, 05 in Tampa.

Wouldn't you rather pay $175 than risk him being unemployable for 6 or
more months? He may not find employment immediately, or an employer may
want to see the original EAD, or he may have to wait for many months
before his AOS is approved... there are always delays, background
checks, and any other number of things which could delay approval.
Personally, I would pay up and enjoy some peace of mind.

Ian
bionomique - 30 Aug 2005 03:34 GMT
> My husband lost his first 1-year EAD card which expires in Dec. 05.
> He was recently laid off from his job and needs to find another job
[quoted text clipped - 10 lines]
> card and AP in mail, January 05.  Received notice of AOS interview not
> too long ago, and interview is scheduled Oct 25, 05 in Tampa.

An employer is required to verify the authenticity of a document and the
employee will have to fill-in an I-9 form when hired, which calls for
specific documentation.  So a xerox copy would not be acceptable :(

All is not lost, if your husband has a receipt for his I-765 (lost one)
he can present that, but must be able to present the real document
within 90 days, or, alternatively, if he has, by chance, one item of
documentation from List B of the I-9 and one from list C on the I-9,
that should be sufficient.  (I think a Social Security card, with no
notations on it which prohibit work, and a driver's licence, he should
be OK for the I-9). Better check the form first..memory fails
sometimes. :)
pj2cents - 01 Sep 2005 00:49 GMT
> An employer is required to verify the authenticity of a document and
> the employee will have to fill-in an I-9 form when hired, which
[quoted text clipped - 9 lines]
> he should be OK for the I-9). Better check the form first..memory
> fails sometimes. :)

Thanks All For The Feedback!
 
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