EAD / Leave of Absence

[dan3501]

My wife has applied for an EAD extension while we wait for her I-485 to be approved. There will be a small gap (approximately 3 weeks) between when she receives her new EAD and her current EAD runs out. Her company wants to desperately to keep her, and she does not want to lose her tenure. The rules say that she cannot be on the payroll, but would a Leave of Absence for the 3 weeks while waiting for her approval (i.e. her not being paid) satisfy these requirements? Her company is telling her that without the EAD approval, she will need to be terminated and subsequently re-hired, which seems a bit extreme. Thanks for your help.

Dan in Viriginia