Bernard P WolfsdorfImmigration Attorney
No he cannot add you or file an adjustment of status presently. To file an adjustment, the critical point is whether a visa is available. Unfortunately, the NIW EB-2 category is backlogged starting April 1, 2023 and the shortest waiting line is if you filed in 01JUL22, then you could have added the adjustment of status application, that is assuming you are not from one of the countries such as India or China that are even further backlogged. Only EB-1 and EB-5 reserved are open unless you have an approved PERM and can then file a 3rd preference-based adjustment. 3rd preference is also open for the non-backlogged countries listed in the State Department visa bulletin.