@essy ten Congratulations! Will you be adjusting status in the U.S. or going through consular processing?

is it possible to file eb3 while on pending asylum status ? kindly reply if anyone have some experience or information.

@faheem khan I believe it may be possible to adjust status in the U.S. through EB-3 while asylum is pending with USCIS (but not if the case is already in court), under INA 245(a) or 245(k), or to go through consular processing abroad, if not inadmissible, though I’m not entirely sure.

@faheem khan yes my employer is sponsoring the process and am waiting till next year to get my decision

@faheem khan The key factor is whether your asylum application was filed while you were in valid immigration status. All employment based petition requires applicant to be in status.

@EB Okta . filed asylum within a status, but after that waiting for interview, filed eb3 . about 2.5 years later. that what’s i was wondering . Will they accept waiting on asylum is a status or not ? by the my i140 approved already and i got ead and i512 advance parole card with 5 years validity. but got rfe last month about status trail for after entering and before filing eb3. which is 2.5 years duration.

@faheem khan If you were out of status for more than 180 days before filing EB3 AOS, USCIS may deny the I-485. Pending asylum doesn’t count as legal status, so that time might not help you. In that case, your best option might be consular processing, doing the green card interview at a US embassy abroad instead of inside the US. Just be careful, if you’ve been unlawfully present for over 180 days, leaving the US could trigger a 3 or 10 year reentry bar unless you qualify for a waiver. Talk to a good immigration lawyer before doing anything.