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EAD Expiring - advice on next steps

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  • EAD Expiring - advice on next steps

    The background:

    04/18/2018 - I-40 approved
    5/24/2018 - submitted I-131, I-765, I-485 (myself, sife, daughter) + I-485J (for me)
    6/22/2018 - biometrics

    I-765 etc. pending for 130 days.

    my wife currently has a L2 visa

    Her current EAD expires on 10/12/2018 (in 10 days)

    Attorney did not apply for renewal of her current EAD as we had 140 days+ to process the adjustment of status and new EAD through the I-765

    I believe she is *not* eligible for an automatic 180 extension because the Category on her current EAD (A18) is not the same as the category on the her I-765 receipt notice (C09)

    Service request submitted to expedite her I-765 (based on negative financial impact) on 9/21/2018 (10 days ago) - without an valid EAD she will loose her job and healthcare benefits for our family.

    Officer requested additional information on 9/21/2018, faxed info as requested the same day to the NBC.

    No updates in case status when i check the USCIS website.

    We have an appointment at the local USCIS office tomorrow booked via the InfoPass request form.

    --

    Can anyone give some advice on how to approach the in person meeting with the USCIS officer tomorrow - i can make the case about my wife loosing her job but as i fully expect to be told we just have to wait.

    Any tips would be appreciated.

    My attorney tells me that USCIS officers have the ability to provide "interim EAD cards/extensions" but its 100% down to the discretion of the officer - i cant find anything to substantiate this - has anyone do this? does anyone know if this is real?

    If we don't get any support in the face to face meeting tomorrow my next step would be to file a request with the Ombudsman tomorrow after the meeting.

    Thanks in advance for any suggestions.

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