F1 OPT - EAD card lost

Below is my situation:

- I completed my MS graduation in December 2020
- I applied for i765 "c3B" OPT on 26 October 2020
- I got receipt notice from USCIS on 25 November 2020
- I got approval notice from USCIS on 17 December 2020
- SEVIS record as per USCIS case status says my EAD was delivered on 24 December 2020
- Unfortunately, EAD card was lost somewhere in delivery (probably by USPS)

Now, after talking to my university DSO, I again applied for 2nd i765 for replacement EAD
(Since my OPT application was already approved by USCIS, so I could not change the employment start date in 2nd application)


- I applied for second i765 for replacement EAD on 14 January 2021, by USPS
- Application was received by "R MERCADO" in Chicago Lock Box on 15 January 2021

Since then I have not received any information on my application. And because my first OPT application was approved, so the SEVIS record will not update the case status any longer.
Because I am losing my precious time from 90-day unemployment period. Talking to an agent on USCIS customer care is highly impossible because the automated voice system never lets me go through.
Can anyone suggest what can I do now?

Thanks in advance.
Anurag Gupta

﹎ゞ楗γΙ鈈葽苚寘名髮萜/╱° O(∩_∩)O~

You can try chatting with Emma by typing Live Chat. If I were you I’d talk with a lawyer. I heard that it might be possible to self-employ if you want avoid unemployment time (again I’m not sure, ask a lawyer). P.S. It might be against the rule here to publish with real name.

I had the same case as you last Dec. My company told me I can still enroll by OPT approval receipt and EAD replacement application receipt. But the payroll would be withheld until I got my EAD card.

You can try contacting the firm once you got an offer. Maybe they have similar policy to help with your case.

Luckily I finally got my EAD card after 2 months lost by USPS. Wish all the best to you!



补充内容 (2021-2-23 06:57):
The biggest issue would be that you have no EAD replacement receipt from USCIS. In that case, you’d better file to USCIS to keep this record. The unemployment date should start after you actually got the EAD card.

Hello lianqi321

Thank you for sharing this information that you were able to enroll in your company based on "OPT approval receipt & EAD replacement application receipt" but without payroll.
That way, hopefully, you were able to stop the 90-day unemployment period in your SEVIS records. But, as per the latest communication with USCIS, this is no longer valid, as luckily yesterday, I was able to talk to an agent at USCIS and she told me that this legal clause was valid until 01 Feb 2021 and no further extension has been approved on this clause.

Furthermore, update on my case is - that I have got a new receipt number with which I am able to track the status of my EAD replacement application. According to which USCIS has issued a receipt notice on 15 Feb 21, but I have not received it in my mail box probably because of the snowy weather in TX past week and many of the posts are pending at USPS. I will see what can be done now, probably in another month I can get my replacement EAD. (fingers crossed)

Regards,
Anurag Gupta

Be sure to connect with your local senators or congresspeople. Also try Ombudsman CIS, they will for sure response you request and questions. Good luck!

Luckily I was able to receive the EAD card in my mailbox from the first OPT application. Now can I use this EAD card or wait for the completion of my second application?

I mean, what if my employer accepts the first EAD card and meanwhile after a few more weeks, I receive the second EAD card from USCIS, then which one of them would be considered as a valid EAD?