Help Needed of re-file I 485!

[Jeffliu]

Hi All,
Any one can help me or give me some idea for my case, your kindness is very appreciated.
My wife and I are Canadian (China born, married over 10 years) and apply GC years ago. within I 485 pending, my wife visited Canada without AP (with no awareness, H4 expired), so her I 485 was denied, because I still hold my H1B, so my wife stayed with me by re holding H4 visa and has not started re applying I 485 yet.
I just received the I 485 approved notice, before consulting lawyer, we made an infopass appointment of USCIS, we were told my wife is out of status because once I got GC, my H1B will be invalid, so my wife’s H4 is becoming invalid. She has to leave US with 60 days.
My questions are:
• Can my wife file I-485 right now? (because I have GC now and Visa number is available, but from USCIS, they said it might be denied, do not know if it is true).
• If my wife filed I-485 and get the receipt notice, what is her status, is there still 60 days limitation?
• If my wife has to go back Canada, how can she apply GC?
• Or any other solution?
• Which one is best one? How long each solution will take?

Thank you in advance.

Jeff

 

[TheRealCanadian]

Please tell me your GC is employment-based.

 

[Jeffliu]

Yes, my GC EB2

 

[TheRealCanadian]

OK, that's good. What do you mean that your wife "re hold" H-4. Did she get readmitted in H-4 status? In what status was she re-admitted when she returned without AP?

 

[Jeffliu]

She got a deferred inspection at US border to enter US, after I 485 was denied by USCIS, she was deported to canada and back to US border got H4 by using my H1B. but now she is out of status again.