Adjustment of status, transferring the basis of I-485 clarifications

September 9, 2022:
Important FAQ from the USCIS about what to expect during this fiscal year #immigration
https://www.immigration.com/blogs/fiscal-year-2023-employment-based-adj…

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On January 21, 2022, USCIS published the following information on its website, which we have edited to provide clarifying remarks:

You may be eligible to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status, to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers. USCIS may, in its discretion, grant a transfer request, if:

  • You have continuously maintained eligibility for adjustment of status;
  • Your adjustment of status application based on the original Form I-140 is still pending;
  • You are eligible for the new immigrant category; and
  • You have a visa immediately available in the new immigrant category (The priority date must be current under the Final Action Dates chart).

You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For the Fiscal Year 2022 (Fiscal Year ends on September 30, 2022), USCIS has created a new point of contact that should be used to request a transfer of the underlying basis of employment-based Form I-485s. Through September 30, 2022, you may submit your written request, with a completed I-485 Supplement J, Confirmation of Bona Fide Job Offer, or Request for Job Portability Under INA Section 204(j) (if required), to the following address:

Attn: I-485 Supp J
U. S. Department of Homeland Security
USCIS Western Forms Center
10 Application Way
Montclair, CA 91763-1350

USCIS strongly encourages applicants to send their transfer requests to the above address.  If you have already submitted a transfer of underlying basis request to a USCIS office, you should not submit a new request to this address. All requests to transfer the underlying basis already received or that will be received this fiscal year at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485.   

The purpose of Supplement J is to confirm the validity of the job offered to you in the petition you want to use as the basis for your transfer request.

  • If you are requesting to transfer your underlying basis to a previously filed and approved Form I-140, you must submit I-485 Supplement J with your transfer request.
  • If you are requesting to transfer your underlying basis to a Form I-140 that remains pending, you do not need to submit I-485 Supplement J.

USCIS does not provide a written response to transfer requests.  However, USCIS will issue receipt notices for Supplement J.

You do not have to submit a new adjustment of status application or filing fee with a request to transfer the underlying basis of your Form I-485 from one petition to another. For more information on transferring the underlying basis of your Form I-485, see the USCIS Policy Manual.

Whether USCIS will grant or deny a transfer request is a matter of discretion. For more information about transferring the underlying basis of Form I-485, see the USCIS Policy Manual (Volume 7 – Adjustment of Status, Chapter 8 – Transfer of Underlying Basis).

USCIS has provided to AILA the following clarifications, which should be covered by the USCIS in formal guidance soon:
 

Question: Can an individual do an interfiling if they are not in nonimmigrant visa (NIV) status? For example, can they be in a period of authorized stay and have a (c)(9) EAD?

Answer: The applicant does not need to be in NIV status. They need only be in lawful status when they filed the I-485 adjustment of status application. If they have stopped being in status, it does not affect their ability for eligibility to interfile. As long as the I-485 remains pending they remain in exactly the same position with respect to INA section 245(c).

Question: Will USCIS move ahead with adjudication of an I-485 application with an approved I-140 petition, even if there is another I-140 petition pending? Specifically, does the existence of the new I-140 petition, even if not specifically tied to the I-485, halt the adjudication of the case?

Answer: The existence of another pending I-140 petition does not matter to the adjudication of the I-485 based on an already approved I-140. Despite language in the USCIS Policy Manual, AILA understands that an applicant may transfer to any previously approved I-140 petition provided they confirm the validity of the job offer by submitting a Supplement J, even if a downgrade request is pending.

Question: Does filing the transfer request with Supplement J restart the 180-day portability clock?

Answer: Yes. For purposes of portability, you would restart the portability clock on the day we receive the transfer request.

The following questions are presently unanswered:

  • Amended petitions: If an EB-3 downgrade is filed concurrently with an I-485 and that EB-3 downgrade is approved as an “amendment” to a prior approved EB-2 petition, can that prior EB-2 petition later be used to transfer the basis of the pending I-485 back to the (now amended) EB-2 petition?
  • Family members: What steps, if any, should requestors take to ensure that dependent family members are included in the process?

 

We will update this page as new information is received. 

 

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Shash (not verified) on Wed, 05/04/2022 - 05:35 Permalink

My current stamped visa has expired, I've received EAD & Advance parole (EB3) which is valid till July 2023. I'm still on H1B and haven't used EAD or advance parole. I've a 4 days closed loop cruise trip planned from Florida to the Bahamas. I would be using my advance parole to re-enter the country. If I use advance parole (EB3) to re-enter the country , can I interfile in EB2? Would using advance parole (EB3) to re-enter the country change my status to immigrant and impact my ability to iterfile in EB2?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Bharti (not verified) on Mon, 05/23/2022 - 23:52 Permalink

Hello Sir,

My priority date became current in the June 2022 visa bulletin that was published this month (May 2022). I requested my employer's attorney to submit EB3 to EB2 interfile application as soon as possible, and he informed that he submitted it later last week (around May 20, 2022). However, I just now came across few articles (including yours) that, for interfiling, one of the criterion is "You have a visa immediately available in the new immigrant category". Was it wrong for my employer's attorney to submit my interfile application before June 1, 2022 (I am very worried what will happen to my interfile application; my family and I have been waiting for 16 years now for our Green Card). If you can please share your thoughts on this. Respectfully, Bharti

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rahul (not verified) on Thu, 05/26/2022 - 13:18 Permalink

Previously amended my petition to downgrade from Eb2 -> EB3, but now when trying to file a new EB2 140 via premium processing it is getting rejected for a reason that the service center currently does not have the original labor certification ETA-9089. Due to this my interfile process is halted. Any pointers on how to get USCIS to accept the EB2 application to proceed with interfiling. Thx.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Dinesh (not verified) on Fri, 06/24/2022 - 00:11 Permalink

Hello sir. My downgrade got denied this week. in Sept 2021 we sent interfile request along with 485J and my 485 has been linked to approved EB2 i140 since then. we did verify that by calling USCIS. In April 2022 I used AC21 and changed my employer and also sent new 485J to USCIS. that 485J also has approved eb2 i140 number. so my question is should I be worried about denial of downgrade 140? will it affect my 485? Thank for your help.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Manjunath Madiraju (not verified) on Tue, 07/12/2022 - 08:19 Permalink

Dear Sir,

Thanks so much for all the very helpful information you provide for the community.

Can you please help with my case, if interfiling is possible? Any guidance will be of great help. 1. I was with Company A, and my I140 was approved in the EB2 category. Sept 2014 is my PD. I was always in Dallas, TX, but Company A was based out of Sam Ramon, CA, so in my Company, A PERM, work location is specified as San Ramon, CA. 2. Company A was acquired by Company B. 3. Company B is based out of Dallas, TX 3. Company B filed bulk amendments for our I140s, but because of the location issue, the amendment was denied. 4. Company B filed a new PERM with the Dallas, TX location and it got approved. With Company B, I did a concurrent filing of I140 and I485 in EB3 with my PD date of SEPT 2014 during Oct 2020. I haven't filed in EB2 with Company B. 5. I got my EAD and Advance Parole in 2021 with Company B. 6. Now, my EB2 dates are current. Am I eligible for interfiling? If yes, can you please guide the process? 7. My Company B is saying I am not eligible for interfiling as my Company A I140 is NOT valid.

Thanks, Manju

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Jitendar (not verified) on Tue, 08/02/2022 - 13:14 Permalink

Hi, I have a pending I485 with my current employer filled in October 2020 under EB3. In June 2022 my wife's priority date became current so we filled I485-J to transfer underlying basis to her I140 (EB2). Is my job now portable (August 2022)? I've been with the same employer since 2020. Does the recent transfer request to spouse pose a risk to our I485 if I change jobs now?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Chary (not verified) on Wed, 08/03/2022 - 10:53 Permalink

Hello Sir,

I filed a EB-3 to EB-2 downgrade concurrent I-140 and I-485 in November 2020, where I-140 is filed as an Amendment petition and NOT as a NEW Petition. My PD is October 2nd, 2014.

My EB3 I-140 got approved last week and I-485 petition is still PENDING. I am maintaining my H1B status and work with the same employer who filed my original I-140 EB2 application.

Can I file I-485J as EB2 dates are current for my PD? Would you suggest submitting medicals too while submitting the application?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Monika Sinha (not verified) on Mon, 09/26/2022 - 20:13 Permalink

Hi, thank you for your very informative and useful resources and videos. I was wondering if you can help me find the answer to the question: If the I485 (adjustment of status is pending and it's just been 3-4 months of filing) can a person change jobs in a different department within the same company? I will really appreciate your help. Thank you

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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