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Is it possible to get an extension for my Employment Authorization Document (EAD), I need an immigration attorney

El Paso, TX |

Summary: My EAD is about to expire (mid-November 08) and I have unfortunately, been placed on a denied status (with Motion To Reopen).

I have had no response in regards to my Motion To Reopen and need to continue working.

Can I get an extension for my EAD (Btw, if I am in a "denied" status, is this possible?)

Can anyone recommend a good attorney to help me out.

Thank you.

Attorney Answers 2

  1. If your EAD was based on a pending I-485 application, and your I-485 application has been denied; then it is not possible to extend your EAD application based on filing a motion to re-open the I-485.

    You would need a new I-485 filed with a new I-765, and depending on the facts, this might not be possible in October 2008 or November 2008, and even if it is possible, it would take approximately 3 months for the new I-765 application to be approved, that is, 3 months from filing the new case before you get new EAD.

    It is true that if USCIS approved your motion to re-open and re-instated your pending I-485, then you could obtain a new EAD based on that re-instated I-485 being pending.

    Yours is definitely a complex situation, and you will want to retain a qualifed attorney in your area to advise you. Good luck.

  2. I agree with the previous answer. Try to obtain your own attorney if you must.

    Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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