Thanks for the reply but my spouse GC was Denied and she already accrued around 140 days of unlawful presence and so out of status. Now if her dates becomes current today ... can we submit her I 485 again..
_____________________Read the shusterman explanation-------------------------------------------------------
During the past two years, the USCIS has denied hundreds, perhaps thousands, of employment-based Applications for Adjustment of Status (Form I-485) on grounds that could have been overcome if the applicants were permitted to resubmit their applications. Persons who are "immediate relatives" of U.S. citizens may resubmit their I-485s as many times as they wish. So may persons who qualify under section 245(i).
With regard to employment-based I-485s, there is no doubt that persons in valid nonimmigrant status may also submit multiple I-485s. But there are a myriad of restrictions on maintaining valid nonimmigrant status once a person has submitted form I-485. In 1997, Congress amended the law to allow certain persons not currently in legal status to apply for employment-based adjustment of status under section 245(k). Section 245(k) reads as follows:
"An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Section 245(k) would seem to permit a person to resubmit an application for adjustment of status as long as (1) he does so within 180 days of his I-485 being denied plus (2) any time that he was not in lawful status or engaged in unauthorized employment prior to filing his initial I-485 must be added to the 180 days.
