Find a lawyer. Most likely you will file for i824 to transfer your i140 from USCIS to NVC then get immigrant vida from another country. Not your own. Also ask your lawyer that you want to file AOS i485 inside of the US too. I watched some lawyers videos and they say you can do that. It means that you can file i485 and get the EAD/AP just for your security of coming back to the US. There are lawyers who can help you. Just need to find the ones that faced this type of situation.

thank you Zig zag for your invaluable inputs. Please can you recommend any immigration lawyer who has likely face a similar situation?

Hello, Congratulations on your approval. You cannot file i485 because pending asylum doesnt provide you a status. USCIS will reject your application. There are some appeals on internet. https://www.uscis.gov/sites/default/files/err/A1%20-%20Certification/Decisions_Issued_in_2021/JUL152021_01A1245.pdf Read and learn all the laws on your own. Filing I-485 in the United States takes into consideration of your “status”. However, NVC takes into consideration of your “unlawful presence”. I know holding F1-J1 doesnt accumulate unlawful presence unless USCIS finds a clue but this is risky. No lawyer gives you guarantee. So, since you dont have any status since 2018, your I-485 will be probably rejected. However, since you were authorized to stay in the United States based on pending asylum, NVC cannot say you are unlawfully present. So the best option may be applying NVC through a different country from your own. I hope I can explain it clearly

please take a look at 1-https://www.limlawpractice.com/amp/a-former-f-1-student-obtained-u-s-green-card-after-out-of-status.html 2-https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3 3-https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4 4-https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 hope this helps. wish you best

For lawyer, I would suggest Margaret Wong. They are expensive but has lots of difficult cases and they are very knowleadgable

wow! thank you @NAN SN for this detailed comment. It is also very encouraging. I will follow your advice as given. but I still have one fear: My F1 status got terminated in April of that year and I didn't file my asylum until November of the same year. Does this sound like I have accrued unlawful stays, because this is definitely over 180days since after my F1 termination. Thank you.

Thank you ICE G for your comments. I have taken note of the lawyer's name. I will reach out to him should I decide to use his services.

@NAN SD wow! so many misinformation out there. you are the first person with first hand information about this that I have ever spoken to. you seem very knowledgeable in this. Would you be willing to share the attorney that helped with me?

@NAN SN thank you for your input! would you mind to let us know which year you gor your GC?

@NAN SN when did you apply for the i485? 2022.

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wow. congrats!!! definitely we shouldn't loose our faith and hope that aos is possible with pending asylum. thank you for the reply!

@NAN SN not sure how you passed the 245 bar that requires you have to be in a lewful status, while asylum doesnt count as status but instead its authorized stay. I understand legal entry has no issue but how to prove you maintained status?!

Thank you@NAN SN for this invaluable information. Please I would like to connect with you. can u please inbox me your number so that we can talk one on one? Please send you number this email address: blessedfellow@yahoo.com.

@Jessi B If you have been following the thread of this conversation, NAN SN has repeatedly said that AOS is possible for in as much as you have a valid I-94 or you were validly paroled into the US. If I were you, I would give I-485 AOS a try. Has your EB2 been approved of? And do you mean by PERM?

@S D any update on your case?

@Jessi B I am waiting to file for my I-485 AOS .

what did you finally do ? did you go for consular or aos here I usa

@NAN SN please how can I reach out to you out of this platform, I am facing the same issue and my lawyer is losing interest. My email is tsogbade1990@gmail.com

@T O is your PD current? If yes go ahead with your AOS.

No it is not current yet. Okay I will just go ahead with AOS once PD is current. Thanks for your encouragement 🙏

@S D Any update on your AOS?

@Tosin A: I submitted my AOS since February. Did biometrics and I am waiting for approval any moment by God's grace

@Abip xx : what is the update on your case. please share

@Sunday Domingo He got his green card, see his post https://www.lawfully.com/community/posts/the-lord-has-done-it-finally-UYQphLS7_4qZhKziGkDoEg==

@S D God will surely perfect it IJN. keep us updated please.

@Tosin A: Amen 🙏 🙏

@S D hi, any update on your AOS? my case is similar I entered with F1 on 2015, applied to asylum on 2017 while my I20 while still active. then my husband apply to Eb3 on 2019. the officer in the interview told us that we accrued unlawful presence since the asylum is not a legal status. we received a RFE asking for transcripts, i94 and everything to show we did not accumulate ilegal. waiting on a final answer.

@valle santana No update yet. I applied since February and asked to do biometrics in April. I did but haven't heard from them since then. I prayed you receive favor in your case. For them to invite you for interview, to me, is a pointer that you are being considered. They could denied you outright lying. Please, keep me posted.

@S D Trust you are doing great. Do you have any update on your AOS?

@Tosin A I am still waiting for my approval. I believe it will come soon. Is your case similar to mine?

@S D , Yes. God will surely do it 🙏

@Tosin A. Do you mind sharing your case with me as well? contact me through blessedfellow@yahoo.com

@S D Sure

I’m in a similar boat, eb2 niw just got approved so visa date is still far out but I want to be proactive. A few attorneys already said best option is 3rd country consular processing and I need to work on getting my case transferred to the NVC asap. I’m trying to see if there’s any hope in continuing the AOS route. Any recent success stories out there? If so, how did you make the case about lawful presence?

@va santa Any update on your case?