EAD Renewal 90 days expired


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Our situation is as follows

 

Self

L1-B expired on 21 Nov 2014

I-94 valid till July 2017

 

Spouse

L2 expired on 21 Nov 2014

I-94 expired on 21 Nov 2014

EAD expired on 21 Nov 2014

I-94 extention request submitted on Aug 18 2014

EAD extention request submitted on Aug 18 2014

 

The USCIS website for tracking application status is not working for the last 3 weeks. So, we are unable to check the status of my wife's I-94 and EAD extention. We filed a service request on Nov 4 2014 to get some info on this. USCIS responded on Nov 18 that the petition is still pending consideration.

 

Questions

- Does she have to resign from her work-place? Her office hasnt raised an issue so far.

 

- I read on the USCIS website (http://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf)

Although you are out of status, you may be permitted, depending
on your classification, to continue your previously authorized
employment for a maximum period of 240 days while your
extension application is pending if USCIS receives your application
before your Form I-94 expires, and you have not violated the terms
of your nonimmigrant status. You may be required to stop working
immediately when the first of the following events occurs:
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension
application.
If your application for an extension of stay is approved, the approval
will relate back to the date your Form I-94 expired, and your status
during the pendency of your application will then be considered to
have been lawful.
If your application is denied, you may be required to cease
employment and depart the United States immediately.

Does this mean she can work for a period of 240 more days until she gets a yes/no decision about her EAD?

 

Thanks!

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