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mac90

Lost & Found EAD, Withdrawal of Application

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Hi all,

Truly appreciate everyone that takes the time to read and respond to my post. I've had stressful few weeks to say the least.

Background: F1 student, applied for post-completion OPT, was approved for employment authorization first week of April. The EAC never arrived even though USPS said it was delivered, and panicked, I filed for a replacement EAC a few days later (I am traveling out of the country to visit family at the end of May and need the EAD to to reenter the country). The original EAC found its way to me last week, and I sent a letter to my filing office asking for the application for the replacement one to be withdrawn.

I called USCIS just now (I was calling to check if they received any of my letters)...they told me that any withdrawal application I file will render my old EAD card invalid. And that because I filed a withdrawal letter (according to instructions of USCIS officers), they will stop processing my application regardless of the circumstance.

Basically, this officer told me me that because I sent the withdrawal letter, I will not be getting a new card and my old card isn't valid. Is his statement true?? Has anyone gone through a similar scenario? In the letter, I outlined that I had found my original card and was hoping it can still be valid.

Thank you sincerely for your response...I'm just distressed because I'm already out $800 from this entire process.

Edited by mac90
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Filed: FB-2 Visa Country: Bangladesh
Timeline

Sometimes the phone reps don't exactly give accurate information. Did you ask for a supervisor?

or

Schedule an infoPass appointment and ask an IO directly: https://infopass.uscis.gov//

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Sometimes the phone reps don't exactly give accurate information. Did you ask for a supervisor?

or

Schedule an infoPass appointment and ask an IO directly: https://infopass.uscis.gov//

I have an InfoPass appointment next week, which was the earliest I could get. The phone rep refused to transfer me because he said they all have the same information...I was kind of overwhelmed with what he told me so I hung up.

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Filed: FB-2 Visa Country: Bangladesh
Timeline

Ahh okay, yeah, I would just say call again then. The supervisors are much more experienced/knowledgable and will be able to provide more information.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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that is not correct - the card will be valid if you state in the withdrawal letter that you finally got it delivered. So I wouldn't even worry about it then!

Thank you!! Hopefully this is the case. I welcome anybody else's input as well because I know this is not a common situation.

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  • 2 weeks later...

To close the loop: if you send a withdrawal application, it does NOT invalidate your current EAD (not sure if this is the case with all EADs, but it is the case with post-completion OPT EADs as these ones don't have fingerprints). I went to my InfoPass appt today and verified that my current EAD was valid and that my replacement application has been withdrawn.

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Filed: Citizen (apr) Country: Ecuador
Timeline

That's great news -- thanks for the positive update. You must be relieved.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Hi,

I need to apply for a replacement cars. Basically USPS status says the card was delivered but I never got it in the mail. I have the approval notice though. Do I need to file a police report in order to apply for a replacement card?

I did not need a police report. You should send a copy of your approval notice with your replacement card.

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Filed: Timeline

I did not need a police report. You should send a copy of your approval notice with your replacement card.

Thank you very much for your reply. One more question. When you apply for a replacement card, do you need to apply with a new I20 or did you apply with the earlier I20 with which you had applied for the original card?

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Thank you very much for your reply. One more question. When you apply for a replacement card, do you need to apply with a new I20 or did you apply with the earlier I20 with which you had applied for the original card?

You can apply with the earlier I-20 since this is just a replacement EAC and you already have approval. However, my designated school official did issue me a new I-20 and changed the request from "post completion OPT requested" to "post completion OPT approved".

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