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USPS misdelivered GC and welcome package

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Filed: Lift. Cond. (pnd) Country: India
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It is an I-797 stating your approval and welcome to the U.S. It is not special. Don't worry too much. Meanwhile, you can get an I551 stamp by scheduling an info pass. Good luck.

I went to the local USCIS office and they refused to give the I-551 stamp saying they don't provide these. They said I can continue to use EAD/AP card for work/travel. So, until I get my Green card in hand, I have no way to prove I am an LPR. When I fill the I-9 form for employment, if I tick my status as legal permanent resident, won't the employer expect to see Green card/I-551 stamp rather than EAD card? Is that mismatch going to acceptable?

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I went to the local USCIS office and they refused to give the I-551 stamp saying they don't provide these. They said I can continue to use EAD/AP card for work/travel. So, until I get my Green card in hand, I have no way to prove I am an LPR. When I fill the I-9 form for employment, if I tick my status as legal permanent resident, won't the employer expect to see Green card/I-551 stamp rather than EAD card? Is that mismatch going to acceptable?

Did you bring your I-90 receipt? Because you need to show them you are filing for gc replacement.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Lift. Cond. (pnd) Country: India
Timeline

I have not had to file I-90 yet. I got a letter from the local USPS post master saying that my Green card and welcome notice were most probably sent back to USCIS as I had forwarding in place. I communicated this to USCIS L2 officer over the phone and he opened a SR to resend my card. That SR is pending so far with no timeline. I did carry the SR# during my infopass appointment.

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If your EAD has your photo on it, and is not expired, that is all the documentation the employer needs for I-9.

http://www.uscis.gov/sites/default/files/files/form/i-9.pdf(see the last page, column A).

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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I have not had to file I-90 yet. I got a letter from the local USPS post master saying that my Green card and welcome notice were most probably sent back to USCIS as I had forwarding in place. I communicated this to USCIS L2 officer over the phone and he opened a SR to resend my card. That SR is pending so far with no timeline. I did carry the SR# during my infopass appointment.

They can't stamp you without I-90. Meanwhile you might have to work with EAD card.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Lift. Cond. (pnd) Country: India
Timeline

They can't stamp you without I-90. Meanwhile you might have to work with EAD card.

Thanks, Nancy. I am fine with using EAD card but my doubt is as mentioned below.

If your EAD has your photo on it, and is not expired, that is all the documentation the employer needs for I-9.

http://www.uscis.gov/sites/default/files/files/form/i-9.pdf(see the last page, column A).

Thanks for your response, Valerie. Yes, I read that but would it be okay to present EAD when I'd be checking my status as "A lawful permanent resident" on page 7? I am wondering if such a mismatch between status and document presented would be acceptable to the employer.

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Thanks, Nancy. I am fine with using EAD card but my doubt is as mentioned below.

Thanks for your response, Valerie. Yes, I read that but would it be okay to present EAD when I'd be checking my status as "A lawful permanent resident" on page 7? I am wondering if such a mismatch between status and document presented would be acceptable to the employer.

Yes, it really is OK. Never mind that most employers are not going to understand the difference between and EAD and a green card, an EAD is a step in the LPR journey. They aren't allowed to discriminate based on what documents are provided, either.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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  • 2 weeks later...
Filed: Lift. Cond. (pnd) Country: India
Timeline

Thanks Valerie, I am hoping it'll be okay as you say.

So, the service request didn't help. I got a letter from USCIS saying that since I didn't receive the green card and nor did they receive it back from USPS, it's considered lost in mail and I should apply for I-90. I basically just lost 30 days without any progress. Anyway, is it worth trying contacting the congressman in my case or should I just go ahead and apply for I-90 with the fees?

Does this delay my ROC application? Or do I still apply for ROC a few months before my 2nd wedding anniversary?

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That. Just. Sucks. Sorry. I would try phoning USCIS one more time, asking for a Tier 2 representative, and explain one more time that USPS lost your card, and just see if they can have it re-issued. If not, you're going to be out $450.

It should not delay when you file for ROC; you apply for ROC 90 days before your 2-year permanent residence anniversary (ie: the date your green card was approved), which shouldn't change.

Note: your ROC date has nothing to do with your wedding anniversary.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: Lift. Cond. (pnd) Country: India
Timeline

This really does suck. I am having to pay $450 for no fault of mine. I talked to USCIS again today but the tier 1 rep did not transfer me to tier 2 rep and said that if the SR response says you need to file I-90, it's because they didn't get the card from USPS.

Thanks for the info on ROC.

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