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Hello All,


This is my first time posting on an immigration forum. My Replacement EAD (AOS Pending Primary applicant) application got denied. I have been working with EAD for almost 7 years now.


I applied for a renewal, the application was approved and USCIS mailed my EAD and USPS said its delivered, but the card never came to me. My wife's card came on the same day.


Here are the details of my case:


1. In June 2014, I applied for renewal of EAD card that was expiring on Oct 6th. I got approval notice on August 20th. but my EAD never came in mail.


2. Upon inquiry in the local post office they said the card was delivered, but it did not come. I checked every where, put up fliers and alerted my apartment complex office.


3. So I flied a complaint with USCIS and USPS. USPS gave me a printout of my complaint from they system, even though they are not taking any responsibility as their system is showing the card is delivered.


4. On September 9th my company immigration attorney applied for a replacement EAD with a cover letter explaining the situation. But did not attach any USPS complaint details of USCIS complaint details.


5. I got a receipt notice on September 12th for the replacement EAD. I used the receipt notice to extend my I-9 for another 90 days so that I can be on the payroll and keep working. the 90 day period will expire on Jan 4th 2015.

See link


6. On November 13th I got a denial notice (dated Nov 7th) saying that I applied for a duplicate of already approved case and that I cannot appeal on the decision but I can file a motion within 33 days of the notice date. It also say I can file any petition or application in the future.  Applying for duplicate is not true because I was applying for a replacement of a lost card.


7.On November 14th I talked to Tier 2 USCIS officer and she thought this maybe an administrative error and opened a ticket asking Texas service center.


8. I have a infopass appointment for tomorrow November 17th.


So my questions are:


1. will I be taken of the payroll even though my I-9 is valid till Jan 4 2015, based on replacement EAD receipt notice. when I look at the case status, it still show the case was received on September 9th and not other updates.


2. The denial notice said I can file a motion on form I-290B. Will this be helpful?


3. Should I file for a replacement card again and extend my 90 days with another receipt notice and hope this time I will get the card.  See link on bullet point 5.


Please let me know if anyone has gone through this situation, if you were able to solve it and what I should do as next steps.


thank you very much for all you help in advance.







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  • 2 weeks later...

Ksribhas, thank you for your response. Yes it is for a replacement application. The application is clearly marked as a replacement with a cover letter explain the reason for request. I went to couple of info pass appointments and the officers said the denial is an error and uscis will review the case. But it's taking a long time and my employer took me of the payroll.

I have another info pass appointment on dec 5th. Will I be able to request a second receipt notice at that time?

Will uscis give me a letter saying that the case is reopened? So that I can show the letter and second receipt notice to my employer.

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