Can spouse apply(join) for 140/485 without I-94

[bhartiya_12]

My 2nd H1 (fresh not an extension)just got denied y'day. My 1st H1 expired 15th Jan. Had to file new since new employer messed up with dates and did not apply for extension/transfer in time. So i am here in US living as out of status as my i-94 expired on 15th Jan.

My wife is getting her GC processed and can the employer file for her and my 140/485 saying that she is here on H1 and I (spouse)am in India so i would not need to give I-94 for me? Once the EAD comes I can apply for Advance parole and go out to get I-94.

I am wondering if this is feasable as I also thought the only option I have is go to India and try h4 but don't understand why the employer never asked me to take that route, instead he said we'll immediately file for GC(140/485) for your wife so I am guessing this is what he plans to do. He has an approved labor he will use for my wife's labor approval process for GC.

Please respond soon.

Thanks

 

[ginnu]

My 2nd H1 (fresh not an extension) just got denied y'day. My 1st H1 expired 15th Jan. Had to file new since new employer messed up with dates and did not apply for extension/transfer in time. So i am here in US living as out of status as my i-94 expired on 15th Jan.
--- dear you re staying illegally at this time
My wife is getting her GC processed and can the employer file for her and my 140/485 saying that she is here on H1 and I (spouse)am in India so i would not need to give I-94 for me? Once the EAD comes I can apply for Advance parole and go out to get I-94.
------- Lawyer cannot file saying you are IN India, it will be fraud as USCIS can check the I-94 record and it will NOT show that you departed US. Your lawyer is messing up the case stay away from this lawyer. Your wife employer can file her I-140 and she can file her I-485, EAD, AP and your case can be follow to join, please go to other good lawyer if your wife LC was filed before April 30 2001 then you may be eligible for 245 (i) go to lawyer and ask if dependent is eligible for 245(i) if LC was filed for her before 245(i) sunset date

** if you are in NYC then meet lawyer cyrus Mehta( www. cyrusmehta.com) he is good lawyer

I am wondering if this is feasible as I also thought the only option I have is go to India and try h4 but don't understand why the employer never asked me to take that route, instead he said we'll immediately file for GC(140/485) for your wife so I am guessing this is what he plans to do. He has an approved labor he will use for my wife's labor approval process for GC.
------- it means your wife case will be filed by labor substitution , it may be risky, I don’t believe in your employer or lawyer both seem to be dumb and giving you wrong advice go to India get H4 visa come back to US on H4 visa then file Change of status from H4 to H1B