USPS lost EAD card. USCIS still insists we re-file, re-pay and re-wait

[Misha♥Jeff 12]

How crazy is this? We got our tracking number for her EAD/AP Card from the USCIS website. Went to the USPS website and tracked it all the way to our local post office. It was NEVER delivered. We went to the post office (where they agreed it arrived to their office) but they can't find it anywhere!!

So I called USCIS and waited for 2 hours to talk to somebody. I wanted to see if they can re-issue the card since the post office lost it. The guy who came on listened to our dilemma and told me that we need to RE-FILE, pay the filing fee ($390) and wait the 60-90 days for the application to process. I asked him why we need to refile, pay a fee that was waived originally (since the EAD fee was included in our AOS petition), and then wait 3 more months? He said that it is not USCIS fault that the post office lost the card, and therefore they are not responsible. I asked to talk to his supervisor

After another 30 minute wait, The level-2 person came on the line. She told me the same thing. They claim no liability and will not reissue the card. All the post office folks do is shrug their shoulders and apologize. WE NEVER RECEIVED THE CARD that they sent. USCIS and USPS are both US Government agencies. Why should we be out $390 and 3 more months because our card never made it?

[apple21 953]

That sucks!

[Hypnos 6,576]

I have heard of this a couple of times here previously, when USPS "lose" either an EAD or green card, then the alien has to pay the I-90 fee to have the green card re-issued.

In the specific case of an EAD, I would simply re-file a completely new I-751 application, and enclose a covering letter with all of the relevant information from the first card (case number, tracking number, you didn't receive it, etc.). I certainly wouldn't be paying a fee.

Technically you'd be making a renewal application, and usually that requires you to submit a copy of the current EAD. That obviously won't be an option in your case, so I'm wondering how they would handle that.

I would also contact one of your congressional representatives and / or the DHS Ombudsman to see if you can get some traction that way.

Edited February 9, 2014 by Hypnos

[ManCharsey 254]

I say sue the post office.

[aussie_jason 195]

[quote name="Hypnos" post="6810616" timestamp=

In the specific case of an EAD, I would simply re-file a completely new I-751 application, .

You mean I-765, the I-751 is for ROC

[Misha♥Jeff 12]

I have heard of this a couple of times here previously, when USPS "lose" either an EAD or green card, then the alien has to pay the I-90 fee to have the green card re-issued.

In the specific case of an EAD, I would simply re-file a completely new I-751 application, and enclose a covering letter with all of the relevant information from the first card (case number, tracking number, you didn't receive it, etc.). I certainly wouldn't be paying a fee.

Technically you'd be making a renewal application, and usually that requires you to submit a copy of the current EAD. That obviously won't be an option in your case, so I'm wondering how they would handle that.

I would also contact one of your congressional representatives and / or the DHS Ombudsman to see if you can get some traction that way.

I will try the Ombudsman. Re-filing would mean paying a fee, which is completely unfair. But the part that sucks most is the 60-90 day wait. But this means no job, no travel outside U.S., no name change on SSN with her married name, no driver's license...ALL of which depend on getting that EAD combo card.

[Misha♥Jeff 12]

You mean I-765, the I-751 is for ROC

Yes, it would be the I-765

[Hypnos 6,576]

You mean I-765, the I-751 is for ROC

I did indeed.

[Hypnos 6,576]

Re-filing would mean paying a fee, which is completely unfair.

There is no fee for an I-765 when you've already paid the I-485 fee.

[Misha♥Jeff 12]

There is no fee for an I-765 when you've already paid the I-485 fee.

I wish that were the case, but the USCIS person told me that the fee is waived with the first application for AOS (I-485). But since we would need to re-apply, payment of $380 is required.

[Hypnos 6,576]

They were wrong, it's waived for the initial application and any necessary renewals; it's in the instructions.

[Pinkrlion 2,724]

Search VJ, there were others in same situation, and were told they had to pay for EAD, but turned in the copies of the forms and it was free.

[lasko12 9]

How crazy is this? We got our tracking number for her EAD/AP Card from the USCIS website. Went to the USPS website and tracked it all the way to our local post office. It was NEVER delivered. We went to the post office (where they agreed it arrived to their office) but they can't find it anywhere!!

So I called USCIS and waited for 2 hours to talk to somebody. I wanted to see if they can re-issue the card since the post office lost it. The guy who came on listened to our dilemma and told me that we need to RE-FILE, pay the filing fee ($390) and wait the 60-90 days for the application to process. I asked him why we need to refile, pay a fee that was waived originally (since the EAD fee was included in our AOS petition), and then wait 3 more months? He said that it is not USCIS fault that the post office lost the card, and therefore they are not responsible. I asked to talk to his supervisor

After another 30 minute wait, The level-2 person came on the line. She told me the same thing. They claim no liability and will not reissue the card. All the post office folks do is shrug their shoulders and apologize. WE NEVER RECEIVED THE CARD that they sent. USCIS and USPS are both US Government agencies. Why should we be out $390 and 3 more months because our card never made it?

I think it's reasonable for UCIS to deny paying for the mistake that is made by USPS. In this case, even USPS admitted that they lost the package. I read the same situation somewhere and the person was able to claim USPS and received compensation for that.

Edited February 10, 2014 by lasko12

[Dave&Roza 748]

File again as if it was the first filing--do not pay the fee--and go after the USPS. I would make them turn that postoffice upside down. I would also file a claim for the cost of a new application and I would also add any lost time for a possible job just to get their attention--I realize that there is a limit to what you can get, but I would go up to that limit and even beyond as this is totally irresponsible and this is one reason I wish the USCIS and even the SSA would go to signature required for such important documents.

Good luck,

Dave

[carton025 38]

Why not just wait for the GC associated with the EAD/AP filing? If you re-file by the time it is processed you should already have the GC and the EAD/AP is no longer needed since you will already have the GC. Just my thoughts...