485 rejected, I-539 pending, can I file again if 539 is retroactively approved?


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I applied employment based AOS as derivative of spouse (principal) who already got EB green card 3 yrs back. I was living in home country, entered US on B1 with I-94 valid will June 2020, filed I-539 extension (which is still pending), and filed AOS in Nov 2020 (which just got rejected).

Now, can I wait for I-539 retroactive approval to Dec 2020 and file corrected AOS again, using 245(k) 180 day provision?

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