Eligibility to file i-485 after aging out of dependent

[Vijayan TV]

My employment based Green card is being processed, priority date become current  and waiting for i140-approval. My daughter turned 21, cone out of state and waiting for F1 (Student visa) approval. it is confirmed that she is protected by CSPA. 

my employer says that , they can not include my daughter into i-485(adjustment of status) filing  even she is protected by CSPA. Because she is now out of status and waiting for F1 approval. and also we can not include her with in 90 days after F1 approval because of 90 days rule.

questions.

1). is it true that the candidate who is in Visa approval pending state, can not file i-485 (adjustment of status)?

2). is it true that 30 days rule is applicable to the students even living in USA for 10 years as a dependent and continuing?

[JoeF]

Does she have a COS to F1 pending? If so, she is legal, and she can file an I-485.

And btw, she doesn't need your employer to file an I-485. Maybe you should discuss the situation with a good immigration lawyer.

[pontevecchio]

You should discuss the matter with the firm of Murthy or any of your choice. Your employers lawyers would seem to be somewhat hazy about CSPA and AOS. You could certainly file her AOS after discussions with a lawyer.

[directory0818]

All these employer lawyers are puppets and good for nothing.

I 485 is a self application. If you have your I 140 approval copy then just go ahead and submit your daughters file concurrent along with ead/ap.