Refile for EAD after denial, or wait on AOS?

[nycangel 0]

We filed for my husband's EAD under the wrong section (A6 instead of C9), we waited 2 months and just got the notice stating that he was denied because he is now married to me, of course since we filed under the wrong section.

Now we are confused if we should even try applying again, or just wait for the AOS to be completed. We have to pay the fee again, after losing the original fee and since it took 2 months to even get a denial, we are wondering if it will be even here before the AOS.

He had his biometrics for the AOS on May 21st, and they even processed it for the EAD on the same day, only to send a denial.

Any advice?

Sorry if I seem like I'm rambling, we are just a bit upset

[Krikit 1,165]

Is there not a provision where you can apply to reopen the case or reapply with a request for a fee waiver? I thought I read on another forum here that someone did that. Just a thought.

Edited June 5, 2007 by Krikit

[LaL 418]

i think, krikit, someone contacted the USCIS help line and told them about filing under the wrong option. The VERY NICE operator must have gone above and beyond what we normally see from that center because when the card came, it was corrected to c(9). That was soon after application though, not all the way to denial.

[Yodrak 7]

Krikit,

Reopen or reapply with a request for fee waiver on what basis? nycangel applied on the basis of (a)(6), they are not eligible for EA on that basis. Fee waiver can be requested only if one demonstrate that they cannot afford the fee.

Yodrak

Is there not a provision where you can apply to reopen the case or reapply with a request for a fee waiver? .....

[Kath 0]

hi ya nycangel

sorry you have had to go through this mate..how you been otherwise ..has your husband settled in ok other than this hiccup..

maybe you can make an info pass to discuss your situation and explain about the fingerprinting and your mistake...

might be your best bet nycangel

take care good to see ya around mate

kath