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My daughter-in-law’s Adjustment of Status from a K-1 Visa was denied for failure to submit the correct documentation. It is being immediately refiled with the correct documentation. The question relates to the Employment Authorization. 
 

She had received an approved Employment Authorization.  The language of the denial letter states as follows: “Any unexpired Employment Authorization document based on this Form I-485 is revoked as of 18 days from the date of this notice pursuant to 8 C.F.R. 274a.14(b)(2) unless you submit proof that your Form I-485 remains pending.”

 

Would the filing of a new Form I-485 within the 18-day period satisfy the requirement that the I-485 remains pending such that the Employment Authorization would remain in effect?  I am doubtful but hoping I am wrong. 
 

Thanks for any advice I can get. 

Filed: Citizen (apr) Country: Sweden
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Posted
6 minutes ago, Grandpa Ed said:

My daughter-in-law’s Adjustment of Status from a K-1 Visa was denied for failure to submit the correct documentation. It is being immediately refiled with the correct documentation. The question relates to the Employment Authorization. 
 

She had received an approved Employment Authorization.  The language of the denial letter states as follows: “Any unexpired Employment Authorization document based on this Form I-485 is revoked as of 18 days from the date of this notice pursuant to 8 C.F.R. 274a.14(b)(2) unless you submit proof that your Form I-485 remains pending.”

 

Would the filing of a new Form I-485 within the 18-day period satisfy the requirement that the I-485 remains pending such that the Employment Authorization would remain in effect?  I am doubtful but hoping I am wrong. 
 

Thanks for any advice I can get. 

 

No, refiling I-485 requires filing for EAD again as well as the original EAD is tied to the denied AOS application.

 
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