Assuming you are also Indian (since your wife is in India), and you dont' have an earlier priority date you are recapturing, my guess is that your priority date will not be current and you therefore will not be eligible for concurrent I-140/I-485 processing anyway. If that is the case, the I-140 can certainly be filed while your wife is out of the country without issue.
This information is provided as a courtesy based upon the limited information provided in your post and does not constitute an attorney-client relationship.
An individual must be in the US to file an I-485.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Adjustment of status under Form I-485 is always filed for an individual who is in the United States. If the individual is outside the United States, the process is called visa processing.
Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
There is no such thing as adding someone to your I-485. If your wife wishes to adjust her status she would need to file her own I-485.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You should not assume so many things as you have in your post. Seek professional advice before you / your wife act to preserve her interests. Best Wishes!
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Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.
Your inquiry regarding the I-485 filing clearly points to a vital necessity of hiring a competent legal professional in the given area to ensure that filings and submission are done within legal requirements.
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