Hello Dimitar,

This is a situation where:
- Primary applicant filed I-485 AOS back July 2007 (Eb3-India) and has EAD/AP. (Currently on H1b status).

- Later gets married. Spouse is in US on H-4. Dates are retrogressed, hence spouse's I-485 cannot be filed.

Primary takes up a Job on EAD and gives up his H1b status, H-4 spouse cannot stay in status and leaves the country and continues to stay in India. Primary continues to work
on EAD in the US.

Then at some point in the future, the primary applicant's priority date becomes current.

Question:
How can the spouse's I-485 be filed with her outside the US? Also can her AP be applied? So that once her AP is available, she can return to the US.

Thanks.