RFE and employment

[cschwa 0]

Hello,

I posted this question before but never recieved a response and I'm wondering if anyone has any suggestions. My wife is here on a K3 visa and we started the AOS process. We recieved and RFE and it stated:

"You are ineligible for interim employment authorizaiton pursuant to Title 8, Code of Federal Regulations , section 103.2 ((10)(II) until (90) days after the missing initial evidence is recieved ."

My wife has already recieved her Employment Authorization Card. She is working currently. We are wondering if she is still eligible for work.

I looked up the title in code of federal regulations and it stated, "(ii) Effect on interim benefits. Interim benefits will not be granted based on an application or petition held in suspense for the submission of requested initial evidence, except that the applicant or beneficiary will normally be allowed to remain while an application or petition to extend or obtain status while in the United States is pending. The Service may choose to pursue other actions to seek removal of a person notwithstanding the pending application. Employment authorization previously accorded based on the same status and employment as that requested in the current application or petition may continue uninterrupted as provided in 8 CFR 274a.12(B)(20) during the suspense period. "

This actually even confuses me more. Any suggestions? We want to be within the law and we're just not sure if she is doing the correct thing by continuing to work.

Thanks,

Chris

[Mrs Alford 0]

"Employment authorization previously accorded based on the same status and employment as that requested in the current application or petition may continue uninterrupted as provided in 8 CFR 274a.12(B)(20) during the suspense period. "

Yes, I agree that the legal terminology can be extremely confusing. I am not a lawyer but worked as a legal assistant for a number of years. My interpretation is that your application is in "suspension" until they receive the RFE. Your wife's employment may continue uninterrupted during this "suspension" - however this is based on you returning the requested evidence they are requiring from you as soon as possible to prevent any complications.

Best of luck with everything!

Edited November 2, 2006 by maya_b