Immigration Issues/EAD Card and H1B


Dear Eileen:

I received my EAD card on 9th Dec 2008. But my name was not
correct on the card. Actually it was my mistake. I couldn't
put my first name on form. So, I told my school about this.
They sent the first inquiry to correct the error on 9th

Then they sent 2nd inquiry on 15th Jan, 2009.I got an email
from my school that my case has been returned to an officer
for review. Then, they sent 3rd inquiry on 13th Feb, 2009.
But I am still waiting for any response from USCIS.
However, I went to USCIS website and they say if the
applicant committed some mistake while filling the from
then they have to send new application and fee.I didn't
know this and my school never asked me to fill new form.

My OPT was supposed to start from Jan 1, 2009. I don't have
copy of my EAD card because my school immidietly cut the
old OPT card into pieces when informed about my name on the

My question is since my OPT is approved for 1 year can I
start a job and also can I apply for H1B visa even if I
don't have a copy of card? However, I know my SRC number.
As you know you need to file application for H1B before
31st of March.

My friends say that you can apply for H1B but they will
send you a query about your EAD card. At that time if you
have EAD card then you can send the copy.  

Please suggest me what should I do to get my EAD. Do I need
to fill new application and I need to send $340 application
fee at USCIS office.

Thanks in advance,


Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Harpreet,

It sounds to me that you can send the application to USCIS for the replacement EAD.  It might be a whole lot easier than waiting for them to give you the final decision.  And if it was your fault in not submitting your first name, then USCIS will be happy to say it was your fault and not theirs.

Regarding your H-1B application, you can try and show them that you had an approved EAD and apply with that instead.  I would make sure to get a good immigration attorney who handles a lot of H-1Bs so you know that you'll maximize your chances of not having to leave the US to get an H-1B visa stamp if you cannot show that you are technically here legally.

I don't believe that the OPT card (EAD) not having your first name on the EAD card means that you are out of status.  IE, the error on the EAD does not take away your status.  That's really your real issue so that you can get the H-1B change of status.  And that was not very helpful that the school cut up the card like that.  Even if it was INACCURATE, it was still proof that you applied for and got the OPT before you fell out of F-1 status.

If you need any further questions answered or assistance with your H-1B, feel free to contact me.

Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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