I saw that the status for EB-2 NIW changed to denial. We are in the USA; we filed an adjustment of status from B2. Can we file the case again and tie it to the existing I-485, or do we need to start everything from scratch? And is it realistic to change status to student now while we sort out the situation? For those who went through EB-2 NIW as a self-filing without an attorney — what did you do after the denial and how did you maintain your immigration status?
If you didn’t have any status other than Form I-485, then you don’t have one — that was lawful presence while awaiting a decision on the petition. Even if you file an EB-2 NIW again now, you could get an I-485 denial because it can only be filed if you have a real status, not just lawful presence. The question here is exactly how one could file an EB-2 NIW case so that it would be accepted and adjudicated in this situation.
Pending I-485 is not a status but lawful presence — you were just waiting for a decision on the petition. When the denial came, all that protection went away. For a new I-485 you need a valid status at the time of filing, otherwise you’ll get the same result. Theoretically you can do it on a student visa, but a change of status from out of status usually doesn’t go through; you need to get the F-1 approved first.