Old Employer holding H4 EAD card hostage

[scorpionZ9]

I applied for H1 extension and H4 EAD extension for my spouse. Before receiving approval I switched job. Recently I got a letter from USCIS stating that my spouse's H4 EAD was approved and a card was to follow. I assumed H4 EAD card would be directly mailed to me as in the past. But USCIS sent H4-EAD card to my old employer along with H1 and H4 extension approval.

My employer is not responding and trying to hold the EAD card hostage. Here are my questions? 

1. Is the employer even allowed to do that?

2. Is USCIS shipping H4 EAD cards to employers now?

3. Can I request a duplicate directly from USCIS.

4. Can my old employer cancel my I 140 and invalidate my spouse's EAD? My I 140 was approved 2 years back. I am guessing its more than 6 months old so it cannot be cancelled.  

5. Can my spouse's employer do something to keep her employed. Any other way in which they can validate and keep an employee on EAD.  

6. What are  my options? 

FYI - My H1 and H4 transfer with my current employer is still in progress.  

[pontevecchio]

1. No. If you used his lawyer then paperwork may have gone to the lawyer. First warn the lawyer and then file an ethics complaint with the state bar council.

2. See 1.

3. Yes, if the original is "lost in transit".

4. Yes, he can revoke the I-140 though you can still get H1 extensions under the circumstance.

5. You lost me.

6. Do you mean her options?

 

Have you recently changed your address without letting the USCIS know?

[scorpionZ9]

13 hours ago, pontevecchio said:

1. No. If you used his lawyer then paperwork may have gone to the lawyer. First warn the lawyer and then file an ethics complaint with the state bar council.

I will definitely do this. Thanks. Also to add I paid H4 EAD application fees out of my pocket. 

13 hours ago, pontevecchio said:

3. Yes, if the original is "lost in transit".

Can I ask for a replacement stating that employer/lawyer are not sharing this with me? I am going to try this as well as a last resort. 

13 hours ago, pontevecchio said:

4. Yes, he can revoke the I-140 though you can still get H1 extensions under the circumstance.

My question was more in regards to what happens to my spouse's EAD when my I-140 is revoked. 

13 hours ago, pontevecchio said:

6. Do you mean her options?

Yes. Can her employer validate her H4-EAD validity in a different way to keep her employed? We know H4 - EAD was approved as we received a letter explaining the decision and validity dates.

Again thanks for taking the time to respond.  

[pontevecchio]

That H4 EAD is not your employers problem. Once the I-140 is revoked she will have the existing H4 EAD time to work though further extensions are not possible.

Have you changed address without letting USCIS know? Also politely enquire from the Lawyer about the EAD and ask him to forward it to your current address in a polite and lowkey way .

[scorpionZ9]

1 hour ago, pontevecchio said:

Have you changed address without letting USCIS know? Also politely enquire from the Lawyer about the EAD and ask him to forward it to your current address in a polite and lowkey way .

No I did not change my address. Will ask the lawyer.