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

bhartiya_12

Registered Users (C)
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
 
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