Immigration.com

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

2 years ago By Rajiv S. Khanna 69 comments

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. 

 

Green Card

Comments

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Submitted by GC_seeker (not verified) on Sat, 01/29/2022 - 11:09 Permalink

Hello,

Does transfer of interfiling require applicant to be with the same employer who filed the AOS? What if the employee has already ported? The updated policy does not mention about employer details or porting.

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Submitted by Chathak (not verified) on Mon, 01/31/2022 - 11:51 Permalink

Hi,

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

This I-140 Downgrade 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, I-140 EB3 Amendment petition and I-485.

Am I eligible to interfile?

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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 Sridhar (not verified) on Tue, 02/01/2022 - 15:02 Permalink

Hello Mr. Khanna, Can I Port my pending I-485 (EB3) to a New Employer Under AC21 and Then Interfile the I-485 to a Prior Employer’s approved EB2 I-140? Is is possible to use current employer's EB2 I-140 to interfile with new employer?

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Submitted by mike j (not verified) on Thu, 02/03/2022 - 21:02 Permalink

I am working for the company for the past 10years with PD of Dec2012 and am still on H1, my company has filed my I 140 in EB2(2012) and EB3(2020) and both are approved. I485 was filed in Nov2020 as a downgrade from EB2-> EB3. I have received my EAD/AP, my dependents are waiting for EAD/AP. My company/attorney will send a letter to change the underlying basis and I485J in the second week of Feb, I just got to know that my company will have a new change due to acquisition from a different company, effective 01APR2022 company name will change, what impact will this have on my/dependents 485 process?

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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 Liza (not verified) on Fri, 02/04/2022 - 05:34 Permalink

Hello Sir,

I got my EAD/AP approved in eb3 , while my EB2 i485/765/131 is still pending with my current employer.

1. Can I leave my current employer and directly work in the same project on W2?

2. Or work through another employer in the same project.

3. If I switch employer or use my EAD Will this affect my pending 485? My eb3 has retrogressed and eb2 final action dates are 5 months away. USCIS has applied my biometrics to 765 and 485.

4. Can I travel using eb3 combo card while eb2 applications are accepted and pending ?

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You should discuss these questions with your lawyers. I can give you a generic answer. Using AC 21, where applicable, you can port your green card over to any employer with the same or similar job as described in your PERM application. The issues of travel etc. are hardbound to your specific situation. I cannot comment.

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Submitted by Lakshmi (not verified) on Fri, 02/04/2022 - 05:35 Permalink

Dear Sir, I am working on h1b as software engineer , got my EAD as a derivative applicant.

1. I registered for a LLC and would like to know if I can work for my own company.

2.Can I hire people while still maintaining my h1b with my current employer.

3.Since I registered the company What is my status now? H1 or EAD.

4.my friend is a GC Can I be a partner to start a new company and hire people.

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.

When you are a derivative applicant for a green card, you are permitted to start your own business. I see no problem with that. You can also hire other people for your company. But there appears to be a basic confusion in your question. Once you start using your employment authorization, you are no longer on H1B status.

You can also be a partner in another company if you so wish, but your H1B status would then become inactive and you would be using your employment authorization. That, of course, it's perfectly legal. Note that merely registering a company without doing any business or business activity does not violate your H1B status in my opinion.

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Submitted by VM (not verified) on Sat, 02/05/2022 - 23:15 Permalink

Hello Rajiv Sir, Just wanted to ask if you have any updates on the above Amended petitions for which we are all waiting on further clarification. Thank you so much!

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.

I meant the below portion from your original post.

"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? "

I am in exactly this scenario, my company attorneys amended my original I-140 from eb2 to eb3 (Nov 2020) and that got approved (Jul 2021), and my PD is current in Feb in EB2, so can I file I-485J using old EB2 I-140 number or would I need an amendment again from eb3 to 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 Sarabjeet Singh (not verified) on Tue, 02/08/2022 - 16:11 Permalink

Hello Rajiv Sir,

I filed EB2->EB3 downgrade I-140 as amendment concurrently with my I-485 in Oct 2020 and new EB3 I-140 is also approved in May 2021. My Dates are current in Both EB2 and EB3. I have two Questions: 1. Can I interfile asking USCIS now to process my case under EB2 I-140 which was amended for downgrade purpose. 2. Does it even make sense to Interfile as my dates are current in both EB3 and EB2 and my priority date is August 2011. Do you think Interfiling for EB2 consideration would speed up processing chances OR its of no use as my dates are current in both EB2 and EB3.

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.

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 Umang (not verified) on Thu, 02/10/2022 - 23:35 Permalink

My PD is July 2013. I filed my AOS with EB2->EB3 downgrade on Oct 20, 2021. My application was submitted to Nebraska (current processing time 10.5 months to 19 months). My employer is offering an option to go full remote (in US). Perm was filed for Mountain View, CA. I am planning to go full remote (in Austin TX). It is same job, same team, almost similar base salary (10% pay cut but above the salary what is listed on my PERM application). The only change is location.

I have consulted two lawyers and they have given me conflicting answers. I do not know whom to trust.

Questions: 1. Can I port after I reach 180 days and change the location? 2. Given the processing times, should I port first and then submit my upgrade or the other way around?

I really appreciate all the work you are doing for us (out of your kindness). Thanks a lot!

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 Jignesh Shah (not verified) on Tue, 02/15/2022 - 17:37 Permalink

Hello Sir,

Here is my situation

In 2007, I filed my I-485 and I-140 in EB3 category through Employer A. Employer A closed their business in 2009, while I-140 and 485 both were pending.

I joined another Employer B in 2009 and employer B filed EB2 PERM labor which was approved in August 2011 (priority date Jun 8 2011). Then they filed I-140 and it was approved on Jan 12. I was on H1B till the end of 2012.

In May 2013, I left Employer B and started working on EAD with Employer C. I did not file any AC21 or anything. I kept renewing my EAD and AP whenever it required.

Now in the September 2021 visa bulletin, my PD became current. My Eb3 I-140 is still pending, my EB2 I-140 approved and I-485 is still pending.

So my question is am I eligible to interfile my EB2 case with the pending AOS application? Am I eligible to request to transfer the underlying basis of my 485 application?

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.

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 Mayank (not verified) on Thu, 02/17/2022 - 20:17 Permalink

Greetings Mr. Rajeev Khanna,

My wife is working as a software developer, her PD December 2014, I’m a dentist, we both are currently on H1B, she downgraded from EB2 to EB3, we received our EAD-AP in December 2021 for 2 years.

Can I use the EAD to open my own dental office and she continues to be on H1B ? Is it safe to use EAD as the final action date is almost 19 months away from becoming current? When EB2 date is current, can we interfile from EB3 to EB2 even though I have used the EAD?

Thank you so much Mayank

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 Sonal (not verified) on Thu, 03/24/2022 - 05:35 Permalink

My PD is Jan 2014. EB2 I-140 was approved. I downgraded from EB2 to EB3 (through I-140 amendment) in Oct 2020. EB3 I-140 is approved and received EAD/AP. Working for the same employer. I have my H1B, expiring Jan 2024. My spouse is currently working on H4 EAD.

Since EB2 is moving faster, chances are that i would be current in the June Bulletin. Do you recommend Interfiling through 485J or new I-140 in EB2?

If the interfile from EB3 to EB2 is rejected will it impact my EB3 I-140/AOS petition?

I need to travel to India in May this year. My H1B visa is expired. I will be using my AP to enter into USA. As I understand this will put me into EAD status. On doing so, will this have any impact on interfiling or upgrading back to EB2(through new or amended I-140)?

If my husband uses his AP to enter back into USA, will this put me in EAD status? or will this consequently have any impact on our upgrading to EB2 or interfiling?

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 AG (not verified) on Mon, 03/28/2022 - 14:48 Permalink

Hello Sir, I had an apporoved I-140 in EB2 with my current employer with a PD June 2013. In Oct2020 my employer's attornery suggested to port from EB2 to EB3 through an amendement. We did the porting and I-140 was approved in EB3 and we got our EAD with Advanced Parole. Neither me or my spouse (who is on H4-EAD) have used the EAD/AP for employment yet. Our date is current in EB2 now. And I am planning to either File for a new I-140 in EB2 or interfile.

My spouse is facing a health issue and is in India at moment. Both us have only visa (H1B and H4) approvals (NO visa stamps). Does my spouse re-entering the country using EAD/AP cause any issues with me filing new EB2 I-140 or interfiling? Thank you so much for the 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 Santanu (not verified) on Wed, 03/30/2022 - 10:41 Permalink

Hello Rajiv, Thanks in advance for your valuable advice. Here is my scenario, Service center - Texas PD - 20-Jan, 2012 EB2 I-140 approved in 2012 Filed I-485 with EB3 downgrade and I-140 concurrent filing USCIS approved EAD/AP for myself and spouse in Feb-2022 EB3 I-140 is still pending and following up for late processing as dates shows Feb,2021 My attorney suggesting wait for EB3 I-140 approval or premium processing before transfer of basis to EB2 EB3 final date in 5 days behind from my PD (15-Jan,2022, as of April VB) I have choice to premium process and then interfile. But my main question is if I need to travel outside USA in summer (Jun/Jul), if I use the EAD/AP, will that cause a stickiness with EB3 application and hinder my transfer of basis to EB2? Given EB3 FAD will not move significantly, I have to interfile and take advantage of EB2 I-140. My employer is same during these years and no plan for change. Please suggest.

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 Nik (not verified) on Wed, 03/30/2022 - 16:47 Permalink

Hi Rajivji.

I have both EB2 and EB3 i140 approved petition with same employer. In Oct 2020 - Downgraded with EB3 140 petition with concurrently filling. In March 2022 as EB2 date become current - filled transferring the basis request to port to EB2 already approved petition along with 485J.

Question : How does the AC21 works with same employer while transferring the basis - in case I would like to change the job. Does the AC21 clocks resets and do i need to wait to for 180 days ?

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 Let Shah (not verified) on Wed, 03/30/2022 - 23:56 Permalink

Details: - My child is 19.5 years old. - Priority Date: March-2013 Employment Based - Status: AOS pending since Oct-2020 concurrently Downgraded to EB-3 from EB-2. - EB-3 I-140 approved in 9 months (Aug-2021) - EB-3 was current from Aug-Oct 2021 and then retrogressed. - EB-2 dates are current in month of April-2022

If I Interfile then will my child loose CSPA protection or child is still protected under CSPA as is today under EB-3?

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Submitted by Manjunath Pawar (not verified) on Thu, 03/31/2022 - 17:03 Permalink

Hello Rajiv,

Details regarding my case:

My wife has an approval of an EB3 I-140 with a priority date of December 11, 2014 and mine is an EB2 I-140 with a priority date of July 12, 2011.

We filed I-485 application under EB-3 category in the month of October 2020 as her filing date was current and me being as a derivative beneficiary. Received EAD and AP in the month of July 2021.

In the month of October 2021, got final action date for my priority date (EB-2 Category) and applied interfiling between spouses. Submitted 485J supplement along with a letter from Attorney regarding the interfile. Received a receipt notice on October 15th, 2021 regarding this and case was transferred to Texas Service Center.

In the month of January 2022, my wife took a new position with new employer in EAD (not on H-1B) and her new employer submitted 485J supplement to USCIS and currently applying for H-1B.

After this, we did not see any movement on our 485 application (been 17 months now from initial application). We are thinking to file a new 485 under my I-140 priority date.

Need advice regarding this.

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 Nomita (not verified) on Sat, 04/09/2022 - 20:15 Permalink

Hi Rajiv ji, Can you please guide me here, thanks in advance for your valuable guidance! I have both my EB2 and EB3 I140s approved with PD April 2014 from a same employer A (EB3 was applied in Oct 2020 as a NEW for EB2->EB3 era). Received EB3 EAD/AP in Oct 2021.

Now I have joined a new employer B in March 2022 thru H1B transfer. In March I got a AOS RFE to submit supplement J and my new employer B has submitted the Supplement I485J in reply to rfe.

Questions - 1. Will I be eligible to request 'transfer of underlying basis' once my EB2 date becomes current in near future, yet being with employer B? 2. Can I use AP to travel? If yes and if I use it then will I be still eligible to request 'transfer of underlying basis' once my EB2 date becomes current in near future, yet being with employer B?

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 Max (not verified) on Sun, 04/10/2022 - 22:30 Permalink

I submitted concurrent filing in October 2020. My EB3 I140 was approved in September 2021. Then I submitted an interfile request WITHOUT a 485J to the California address. A couple of days ago, I spoke with a Tier II agent and she confirmed that my case was successfully relinked back to EB2. My question: 1) Since I did not submit a 485J, will the AC21 180 day clock reset? If it resets, when does it start the reset timing? The Tier II agent could not see when the interfile request was processed; 2) Since I did not submit a 485J and the official guidance requires a 485J (same employer, but both I140s have been approved), is it likely that USCIS will issue an RFE for 485J?

I do have EAD card approved.

I plan to work for another employer soon - now I found myself navigating these legal landmines. 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.

Submitted by Rajiv S. Khanna on Tue, 04/26/2022 - 05:50 Permalink

Get a consultation to decide the best foot forward. There are several variables that you need to balance.

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 Shreeji (not verified) on Mon, 04/18/2022 - 10:55 Permalink

Hello Sir,

My PD is jan 2013. Both EB2 and EB3 140s are approved. Received EAD/AP in march 1st week. Original i485 has been transferred to Texas Service Center in Nov 21. Once EB2 dates were current, i interfiled i485J at CA office. According to fedex tracking number, CA office received my interfile package on March 17th. But I haven’t heard anything yet. No receipt notice too. Is there anything i can do to get any response from uscis? Do they even send receipt notice for i485J application?

Thank you so much !!!!

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 Aashish K Niphadkar (not verified) on Tue, 04/19/2022 - 19:44 Permalink

Hello Sir,

My case details - I have downgraded my EB2 I140 to EB3 I140. Got my EAD and AP under EB3, and the date retrogressed. Case moved to NBC and date got current in EB2 in March now we have applied for EB2 upgrade for interfiling. i got an RFE asking us to submit supplement J , bonafide job offer showing that the offer or the intended permenant employment as stated in I140 receipt number XXXXXXX . The receipt number is of amended EB2, All the other things are under eb3 we have not even interfiled, we have sent the upgrade application to uscis. - What should we do in this case. - After getting the new I140 should I repond to the rfe 1st and then interfile or interfile 1st and then reply to RFE - How to know after getting greencard on which I140 did we got the gc so that my GC is not withdrawn in later stage when USCIS wakes up. -

Appreciate your response. Thanks

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 Rajiv S. Khanna on Tue, 04/26/2022 - 05:53 Permalink

Speak with your lawyers or set up a consultation with us. We will have to look at the variables.

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 Sebastian Jose (not verified) on Sat, 04/23/2022 - 19:24 Permalink

Hello Sir Any updates on EB2 to EB3 amendments with 140 approved , same employer .. Interfiled to EB2.. Will USCiS honor amended EB2. Have seen few approvals, but still no clarity on this.

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 Mahesh (not verified) on Tue, 04/26/2022 - 23:17 Permalink

Hello Rajivji, in other question, you mentioned you can not interfile as EB2 is converted to EB3. Can you please help clarify? Employer 1: PD April 2013, EB2 Employer 2: EB2 in Jun 2019 in Oct 2020, Downgraded to EB3 as amendment I-140 and this EB3 I-140 is approved, I got EAD/AP too. I interfiled with 485J in March 2022. Would my interfile be accepted? if no- what are my options? I don't want to stuck in EB3 for next 5-10 years! Thanks 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 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?

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