EAD denied due to stale status

[unowho 0]

Hi,

I work on L1, and my wife is on L2. We applied for a EAD for my wife this Jan, and it was denied. The reason given was that she is on F1 status, and hence ineligible for EAD. When she started her course, we did a change of status (COS) from L2 to F1. But later, we had to go to India, and get L1-extension as my visa expired. At this point, my wife switched to L2. Her visa stamp and I94 both reflect this.

We applied for EAD after the change to L2, so i think this might be a error from USCIS. Once we got back to US on L1/L2 status, shouldn't the COS from L2 to F1 considered void? If anyone has had similar case, what's the best course of action to sort this out as soon as possible?

Here's the timeline of events :-

July 2015 - COS application filed for L2 to F1.

10 Oct 2015 - COS from L2 to F1 approved

21 Dec 2015 - L2 visa stamped

30 Dec 2015 - Last entry in US, L2 status

1 Feb 2016 - Filed for EAD application

29 Apr 2016 - EAD application denied. Reason: Current status is F1 since Oct 2015, hence ineligible.

[newacct 688]

It seems like a mistake. Status does not exist when outside the US, so whatever status she changed to is irrelevant once she left the US. When she re-entered the US, she got a new status on a new I-94, and that status was L2.

[unowho 0]

Thanks! Should i now file I-290B, Notice of Appeal or Motion? Or is there a alternate, less expensive course of action?