EAD/AP denied because deemed duplicate

[sanabel]

Hi All,

First a little bit of background: Last year we started the process for an Employment Based Green Card and we filed concurrently the I-140/I-485. We requested an EAD and that got approved for 2 years. Unfortunately the I-140 got denied because we filed under the wrong category. We tried again this year with a new Labor and I-140 that got approved (this time we filed under the right category) then I filed for I-485 and an other EAD card. I assumed that my first EAD card was automatically void based on the decision of my first application.

This week I received a decision from USCIS deeming my application for the second EAD as duplicate and hence denied. Is my first EAD still valid? Can I travel using it (I need to urgently travel)? or is this a mistake by USCIS?

I appreciate any help or guidance.

Thank you all!!

Nas

[inadmissible]

I believe USCIS has made a mistake in this case. Indeed, your EAD and AP issued in connection with AOS was no longer valid once the AOS was denied. Since it is free, you should apply for EAD and AP again, hopefully they will make the correct decision this time.

[sanabel]

Update!

Thank you for your response. Is there a reason you think refiling is free? On the denial notice, applying for a motion to reconsider would require filing I-290B form (675$). Also re-applying from scratch would require to pay the regular required fees.

I called USCIS and spoke to an agent and he said I needed to return my EAD card via mail when my first application was rejected. Is this a thing? I can't find any instructions on the USCIS website that says so. Is this the reason why my EAD got rejected? or he just wanted to blame me for their mistake?