My husband and I applied for our 3rd EAD extension 120 days before the expiry. My husband's EAD got approved yesterday, but I got an RFE. I do not know yet what is that RFE for. But looks like I may not be able to get the new card before it expires on 02/28.
I understand that I cant work with out the valid EAD card in hand. But what are my options now? Can I go on unpaid vacation until I get my new card or do I need to be terminated and rehired?
Answer
You need to retain counsel. If you were legally eligible to have your residency in the US, based on your marriage, if you are married to a USC, in most cases, I would have had your conditional residency card issued three months after I filed your interview ready package, which I charge an hourly rate to prepare. Also, as for the RFE your wife or you received, I would retain a lawyer to respond to that RFE.
Further, why you still have an EAD card is something that an experienced Immigration attorney will need to research, because you should not be on EAD for that length of time, unless there is an issue in your filings, or your evidence, or you don't qualify to adjust in the US. And, if you entered he US illegally, you are not authorized or eligible for an EAD, unless you received DACA, USCIS may have just caught the error. Again, you will need to retain a qualified Immigration attorney who knows the law, the regulations and procedure and bring them your complete file so that they can research your issue and advise as to a game plan going forward.
Goldstein & Scopellite, PC has qualified immigration attorneys, deportation lawyers and immigration appellate attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.
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