I-485 Filing issues

[dsnikkam]

Hello,
My wife and daughter(dependent) went to India on May23rd and return on Aug7th, my attorney says we cannot file I-485 since they were not in the country when dates got current.

Is this valid rule?? Please advise,I thought of applying before aug 17th.

Note-I-140 is approved and my I-485 is applied already

Thanks

[waitin_toolong]

yes attorney is right.

get them back if you want to file for them