This is a rare case, cuz I don’t think you have a non immigrant status anymore and I don’t think you can go back home to do consular processing due to your asylum seeking. it would have been a better case if you’re on vawa and got your NIW approved

cuz I know a friend who had a vawa case pending and also applied for eb2 NIW that got approved, all he did was to transfer his I485 from the pending vawa to the approved eb2 NIW

@olu mikk what do you mean by vawa?

ghhh

sorry vawa is another form of green card petition

@Tosin A you might need to go to another country like Canada for consular processing since you are on asylum and you cannot go to your home country

Check YouTube for the immigration answered show by Hacking immigration, you can call in for guidance on what to do. Jim is pretty cool and will guide you on what you need to do. Best

@olu mikk please I need clarification regarding this vawa to eb2. I'm in the same situation right now. I have an approved NIW with a pending vawa and i485.

@Tolu A if you already have a pending I485 you can request to transfer it to your approved eb2 NIW and were you on non immigrant status when you filled your i485?

@olu mikk no I wasn't. I was on marriage base adjustment.

oh okay I see, my friend was still maintaining his non immigrant status when he filed his I485, he was able to transfer that to his approved EB2

@olu mikk how do you maintain a non-immigrant status and still file adjustment? on what petition did he file is form I485? also you mentioned earlier that one can only file if they have a pending vawa petition, do you know someone who already transfer filed for I485 using i140 approval while still have a pending vawa case?

oh yeah he was still on F1 status when he applied for the vawa and I485 and later applied for eb2 NIW, so what he did was he transferred the I485 from that pending vawa to approved eb2 but he was only able to do that because as at the time he filed the vawa and I485 he was still on F1

@olu mikk for him to submit for vawa that means he git married and possibly file form I130 petition. and if he does then it means his F1 status is gone. you can't maintain a non-immigrant status along side immigrant status at the same time.

oh yeah you can maintain your f1 status while your i485 is pending as long you don’t use the ead or advance parole attached to the pending application

but once you’ve used the ead to work or use the advance parole to travel then you have forfeited your f1 or non immigrant status

@Tolu A

@olu mikk thank you for that clarification 🙏

did you submitted your Aos for the eb2

@Tosin A please update us... were you able to successfully adjust your status and get your green card?

@T O Visa is not current yet.

@Tosin A Thanks. Keep me updated

@Tosin A any update on your case? I’m in a similar boat, en2 now 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.

@T A Yesterday my friend got approved with Asylum pending case! His previous status was B1/B2 and applied to Asylum in 2021 since then no other status.

@Zack Alim Thank you so much for this information. When did he apply for his i485 and PD?

@T A He did concurrent filling in July 2023.

@Tee Ola is there an update to the AOS?

@Dozi Kaho no update yet. Priority date isn’t current yet but I’m exploring the possibility of CP in 3rd country