Immigration Issues/My wife's i-485/i-485A denied-please help
I filed my I485 before getting married and when I filed my wife's I485 the priority dates have already rolled back. Application was denied. I wasn't aware but my lawyer re-filed (i485-A)it. On cover letter she wrote wrong priority date that was before the cut off date. USCIS accepted and kept it in the queue.
I was on H1 and my wife was on H4. Mid May, USCIS approved my GC so H1/H4 are automatically cancelled. My wife was on AOS so they approved her EAD in mid August. Last week of August, they denied her application saying that at the time when the application was filed priority dates were not current.
My ex-employer (whom I left 3 months after my GC was approved) applied for my and my wife's GC. They received the denial but informed us in second week of October.
My wife's I-94 expired in first week of September. Since on AOS we thought it was fine.
My Questions are,
1. Is there any legal option by which she can stay in US and file for her application again?
2. How long can she stay in US? Will her time start from the day my GC was approved, her I94 expired or the day her app. was denied?
3. What are our options now?
4. If the dates become current(India), how long will it take for her to get the GC?
5. Do we have to file for any explanation for her stay in US after the denial? Any benefit my ex-emp. did not inform me?
please help me on that. Please ask me if you need more information. any help will be appriceated.
Obviously your circumstances changed when you received Permanent Residency. I am assuming that you received your permanent residency through a labor certification.
Your wife is out of status and is deportable at this time. That being said, you can file an I-130 on her behalf as the spouse of a permanent resident. Also file an I-765 application for an EAD (employment authorization) while the paperwork is being processed. Her EAD will likely be approved.
As far as your ex-employer not notifying you...no, it's on you. You are required, even now, to maintain an accurate address with CIS.