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sdpynn

I screwed up on my employment authorization card

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Filed: K-1 Visa Country: Canada
Timeline

I filed for the I-765 in April 2018 and I recently got my employment authorization card in the mail but I screwed up and used my maiden name and not my married name so now I have to file a new I-765 to correct my error. I was offered a job by a potential employer and they said that they would accept my notice of action saying that I was approved to work in the US. On the notice of action paper, it says "you cannot use this approval notice as proof of your employment authorization". The potential employer said that they would accept my NOA until I receive my new employment authorization card. Would this be legal if the potential employer accepts it?

 

Also, I have to pay $410 for a new employment authorization card because it was my mistake. My Social security card has my married name on it.

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Filed: K-1 Visa Country: Ukraine
Timeline

the NOA is not to be used as a replacement for the EAD. The person in HR must not be verse in immigration law. Aside it states it also in the NOA. I wouldn't try this, could have adverse consequences IMO. Doesn't sound to me like a "gray" area of the law. 

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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20 minutes ago, sdpynn said:

So people are telling me it's legal and others are telling me that my employment authorization card has to have the same last name as my Social security card

No such requirement exits.

The work authorization is evidenced via the EAD. This card alone is sufficient for the I-9 (it's a List A document, just like a green card).

The SS card + marriage certificate should be sufficient for the employer for payroll purposes.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Canada
Timeline

Thanks for the feedback! I'm not going to do anything that isn't legal. 

 

So I can use my employment authorization card with my maiden name on it as long as I show potential employer my social security card and my marriage license with my married name on it?

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Filed: Citizen (pnd) Country: Canada
Timeline

Seconding @belinda63, you have a valid EAD, a valid SSN, and a marriage license to prove that you've married and haven't updated the name on one or the other. The legality of each document is not in question at all. 

Edited by eckoin

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-31: Interview is scheduled

2018-11-21: Last TN expired

2018-12-11: AOS Interview - Card is being produced

2018-12-18: Green Card received

------------------

2020-09-23: Mailed I-751 to USCIS

2020-10-03: 18-month extension NOA 

2020-10-15: Biometrics from AOS applied to ROC

2020-12-11: Conditional green card expired 

2021-05-17: Card is being produced

2021-05-24: Green Card received

------------------

2021-09-14: Online application for N-400

2022-05-04: Interview is scheduled

2022-06-13: N-400 Interview

2022-06-13: Immediate oath & naturalization certificate!

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