I saw that the EB-2 NIW status changed to “denied.” We’re in the US — we filed an adjustment of status from B-2. Can we file the case again and link it to the existing I-485, or do we need to start everything from scratch? And is it realistically possible now to change to student status while we sort this out? Has anyone gone through EB-2 NIW self-filing without a lawyer — what did you do after the denial and how did you maintain your legal 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.
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After your I-485 is denied, you’re no longer in status; a new petition won’t fix that.
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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.
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