USCIS recently published an online alert persuading those with pending Adjustment of Status (“AOS”)  applications a.k.a “Green Card” to consider interfiling or “Transfer of Underlying Basis”. If your AOS was based on the EB3 category then you should consider interfiling your case in the EB2 category (if you are eligible). USCIS wants you to file this request at a different location, which is a great sign! It seems as though USCIS is trying to handle more cases and create an efficient channel to properly load-balance. Interfiling is discretionary, meaning it’s up to the adjudicating officer to accept your request.

Are you eligible?

• You have continuously maintained eligibility for your Adjustment of Status, which means you can’t have gaps with your status in the country, there are no bars to your residency or presence in the country, your I-140 and immigration statuses remain valid, etc.
• Your current Adjustment of Status in the EB3 is still pending.
• You are eligible for the EB2 category.
• Your priority date must also be current in the final action dates.

Common Questions

• Should I refile my Adjustment of Status case which is currently pending in the EB3 category to the EB2 category?
  • Refiling the adjustment of status is a very costly option. By suggesting interfiling, USCIS seems to be trying their best to speed up the process, but the decision is ultimately up to you. We recommend as a first course of action to try interfiling. 
• Should I interfile my case?
  • If your interfiling request is accepted, you are changing the underlying basis, which means it will be a speedy process and you save more money than refiling your case. However, USCIS does not alert you whether they accept your interfiling request. You receive a receipt notice for the I-485J so that may give you some clarity. Unfortunately, the I-485J receipt does not give concrete evidence of success on the interfiling.
  • If you already submitted an interfile request, regardless to which service center, USCIS has requested that you do not refile an interfiling request.

Feel free to schedule a consultation with an attorney if you have more questions! Visit www.immlegal.com/consult.