question for experts

[harvydonald]

This is a scenario my friends are in...

In the sequence of events...

Before marriage
Husband on H1
Wife in H1

Husband applies for NIW
Husband gets EAD
They get married
Added wife to I485 process
Wife gets EAD, does not renew H1
Husband's NIW gets rejected
Lawyer files Apeal and for MOTR (motion to reopen)
Wife's case gets rejected
Lawyer files Apeal 3 days after it was due for wife.
Wife gets reciept that Apeal has been received.
Husband is approved, get gets ppt stamped
Wife's EAD about to expire in 45 days

Can she apply for EAD? or does she have to wait for the case to be re-opened.
Is she in trouble cause her apeal was not filed within 30 days as specified on the rejection letter?

 

[harvydonald]

thanks curiousGeorge
her lawyer are asking her to wait till a decision has been made on MOTR..

 

[curiousGeorge]

That's probably best, if she can take the risk that she won't have an EAD for a little while