I-485 can be filed even if i-140 not approved. Maybe you filed I-485 when your priority date wasn't current. If you don't have an underlying status, you started accruing unlawful presence from date of denial. Within 6 months of expiry of your previous F-1, you can file another i-485 due to 245(k) protection.

You can benefit from the 245k if you have not had more than 180 days of illegal presence after the expiration of your I-94. Another way is to wait for your husband to become a resident and file a family petition, but it is ideal to consult a lawyer urgently.

I concur with "LG V" if you have not accrue more than 180 days, you maybe able to file for waivers

my i140 was approved on July of 2023 my PD 01/20/2023 I filled my i485 on 01/20/2023 my PD was current last month. July of ,2024 i closed my school on Sept of ,2023 ( almost a year ago ) I did 2 mistakes. filled my I485 before my PD was current. and stop my school :( I'm did by myself all. now are the consequences 😔 so sad!

@Charlie SC @Lg V my ilegal presence stared the day of the decision or the day that I closed my F1 record!

if a refill the form i485 now. * how can I show my legal status during tHe day that I suppost to wait for my response on the previous i485. and so confusing 😞

@mile Villamizar When you filed i-140 and i-485 together, your priority date wasnt current and that's why they ultimately denied your i-485. Second thing, you closed your F1 status more than 6 months ago, so you aren't eligible for 245(k) as well. Your illegal presence starts from the denial date of i-485. If you stay 6 more months here and leave, you can get the 3 years bar from reentering. Sad to hear about this situation. I have also been through it an year ago.

how did you resolve? did you start all the process again?

@mile Villamizar You cannot file another i-485 now as 6 months have already passed since expiry of your i-94.

@Charlie SC thanks 👍 for you answer!

@mile Villamizar In my case, I left US and reentered with another visa. Now I am again eligible to file i-485 as my new i-94 hasn't expired yet.

@mile Villamizar As reentry is never guaranteed, I had to sell everything. Close everything just like when you leave a country forever. Was a nightmare. I feel for you 🥺.

;0 wow 🤯 that's the risk to do it by yourself :( we have a LLC here . my big fear is lost it! build a company is so difficult ;( I have to flight to LA regularly for meeting . omg what a situation!