Hi everyone, I need some advice about my immigration situation. I came to the US in late August 2024 on a tourist visa and filed for asylum before my stay expired. I also submitted an EB-1 petition with I-485 form through a family member.
After looking at everything more carefully, I don’t think I qualify for EB-1. Now I want to try EB-2 with National Interest Waiver instead. I have most of my documents ready and a project that fits US priorities.
My main questions are:
- Can I file a new I-140 for EB-2 NIW while my asylum case is still pending?
- What happens if the adjustment gets denied? What are the consequences?
- Are there ways to adjust status without leaving the country in my situation?
I’m worried about the legal risks but really want to stay in the US. Has anyone dealt with something similar? Any advice would be helpful. Thanks!
I’ve seen USCIS look more favorably at pending asylum cases when there’s a strong employment petition running alongside it. Shows multiple paths and real ties to the US. Cases with both asylum and EB-2 NIW pending usually get smoother adjudications - the NIW evidence of national benefit actually backs up the asylum applicant’s value. The thing that made the biggest difference in cases I’ve handled was making sure the NIW docs showed ongoing contributions, not just future potential.
I handled a case last year with both asylum and an employment petition running. Made me nervous at first too. The attorney explained the asylum case actually protected us while the EB-2 processed. We stayed completely transparent with USCIS about both cases in every filing. Client got approved through employment first, but having asylum as backup definitely kept everyone calmer during those endless waiting months.
Hold up - something’s bugging me from immigration law class. If you already filed an I-485 with your EB-1, don’t you need to do interfiling instead of submitting a brand new adjustment application? My professor said having multiple I-485s creates problems. I’m still figuring out the timing when you want to switch categories but keep your place in line. Anyone with experience know how this actually works?
Filing multiple I-140s at once is generally acceptable, and I’ve seen clients navigate different categories successfully. However, timing your I-485 is crucial. Since you already have an adjustment of status pending from the EB-1, submitting a new I-485 for the EB-2 NIW might complicate your situation. Most attorneys I work with typically file the I-140 first and then look into interfiling or switching your existing I-485 to the new approved petition.
Had a client switch from EB-1 to EB-2 NIW mid-process once. The game-changer? We realized we didn’t need a second I-485. Just filed the new I-140 and used interfiling to connect the existing adjustment case to the stronger petition. Dodged the dual I-485 mess and kept asylum protection the whole time.