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Hello,
I am in a odd situation. My EAD card never reached me.. neither it went back to USCIS. Ive now re-applied for replacement EAD and have the receipt I-797 for the re-application.
I seek some clarity on following situations
1) As per I-9 receipt rule, if employer agrees then it says I can start working with the receipt valid for 90 days. Does this apply to all cases of re-application?.. like whether I received the card and then lost it or it was lost in mail..
2) My school staff are sticking adamantly that I need to have the EAD before I can start working and telling me unconvincingly that I-9 rule doesnt apply to me.. But this contradicts the I-9 receipt rule which nowhere states the school has any say in if I can work based on the receipt or not. Its based on employers discretion.. not school's.
So my question is if I get a job and intend to work on I-797, can the school say they wont accept my employment record without EAD thereby denying I-20 and making my employment/status void/illegal ? This is crucial since USCIS/DHS determines my status through the 'report of employment update' done to my school...
It seems my school staff are just playing safe and dont wish to handle a exceptional scenario even though its LEGAL ?
Any clarity on how to handle this issue or sharing similar situation info will be appreciated..
Thanks!
I am in a odd situation. My EAD card never reached me.. neither it went back to USCIS. Ive now re-applied for replacement EAD and have the receipt I-797 for the re-application.
I seek some clarity on following situations
1) As per I-9 receipt rule, if employer agrees then it says I can start working with the receipt valid for 90 days. Does this apply to all cases of re-application?.. like whether I received the card and then lost it or it was lost in mail..
2) My school staff are sticking adamantly that I need to have the EAD before I can start working and telling me unconvincingly that I-9 rule doesnt apply to me.. But this contradicts the I-9 receipt rule which nowhere states the school has any say in if I can work based on the receipt or not. Its based on employers discretion.. not school's.
So my question is if I get a job and intend to work on I-797, can the school say they wont accept my employment record without EAD thereby denying I-20 and making my employment/status void/illegal ? This is crucial since USCIS/DHS determines my status through the 'report of employment update' done to my school...
It seems my school staff are just playing safe and dont wish to handle a exceptional scenario even though its LEGAL ?
Any clarity on how to handle this issue or sharing similar situation info will be appreciated..
Thanks!
