Uscis transfer of underlying basis

X_1 U.S. Citizenship and Immigration Services (USCIS) is encouraging eligible candidates to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories.Since there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (Oct. 2021 ...Jan 25, 2022 · USCIS also strongly encourages people with a pending green card application in the EB-3 category to transfer the underlying basis of their pending green card (adjustment of status) application to the EB-2 category if they are eligible to do so — meaning they have an approved or pending Immigrant Petition for Alien Worker in the EB-2 ... USCIS posts alert about "Transfer the Underlying Basis" and creates inflated expectations over EB I-485 applications Posted on June 28, 2022 by Jay Wu Update 06/28/2022 We are now seeing the results of the requests to transfer the underlying basis ("relink"). We started filing the requests in February. Below is a sample.Jul 20, 2022 · In the February 2022 policy alert, USCIS noted that I-485 Supplement J is required if one is requesting to transfer the underlying basis to a previously filed and approved Form I-140. USCIS Publishes Green Card Interfiling Guidance. On Friday January 21, 2022, USCIS issued formal guidance regarding "Transfers of Underlying Basis", more commonly known as Green Card interfilings. A "Transfer of Underlying Basis" or "interfiling" is based on a pending I-485 Green Card petition. For purposes of our discussion a ...Mar 10, 2022 · Applicants must request in writing that USCIS transfer the underlying basis of the pending I-485 to another immigrant category: If you are requesting to transfer your underlying basis to an approved I-140 , you need to submit a completed I-485 Supplement J Confirmation of Bona Fide Job Offer or Request for Job Portability (Supplement J) with ... Unfortunately, no. USCIS cautions that transferring the underlying basis to another I-140 is discretionary; however, our experience has been that when an interfiling request is well made, USCIS generally approves it. Due to the current backlogs and delays at USCIS, however, this may take time.Feb 22, 2022 · USCIS seems to suggest that the portability clock would restart in this situation, but the results would be perverse. Imagine the absurd scenario where USCIS approves the I-485 within 180 days, and an applicant would have to go back to the old job as the 180-day clock did not complete when requesting the transfer of underlying basis. The safest ... Apr 11, 2022 · USCIS confirmed that when an I-140 is approved as an amendment changing from the EB-2 classification to the EB-3 classification, there is no longer an EB-2 petition. It is USCIS’ position that the underlying basis cannot be transferred to the previously approved EB-2. However, USCIS indicates that instead a new EB-2 petition must be filed. Feb 18, 2022 · USCIS is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (Oct. 2021 through Sept. 2022). restart in this situation. Surely USCIS would not expect an applicant to go back to the old job with the current employer if it were to approve the I-485 application in less than 180 days from the time thee request to transfer the underlying basis was made. Other applicants who are requesting a transfer of underlying basis may want to move to a ... restart in this situation. Surely USCIS would not expect an applicant to go back to the old job with the current employer if it were to approve the I-485 application in less than 180 days from the time thee request to transfer the underlying basis was made. Other applicants who are requesting a transfer of underlying basis may want to move to a ... Jan 28, 2022 · If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS "transfer the underlying basis" of your pending application to the ... restart in this situation. Surely USCIS would not expect an applicant to go back to the old job with the current employer if it were to approve the I-485 application in less than 180 days from the time thee request to transfer the underlying basis was made. Other applicants who are requesting a transfer of underlying basis may want to move to a ... Jan 24, 2022 · When an applicant files an I-485 J to change the underlying basis of a green card application or interfile, they are using the I-485 J as a Confirmation of Bona Fide Job Offer. For Fiscal Year 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. Feb 23, 2022 · USCIS has created a new centralized location for receipt of transfer requests that are accompanied by a Supplement J. Additional Guidance from USCIS. Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request. Feb 18, 2022 · USCIS Urges Eligible Applicants to Switch Employment-Based Categories. Release Date. 02/18/2022. U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based ... Unfortunately, no. USCIS cautions that transferring the underlying basis to another I-140 is discretionary; however, our experience has been that when an interfiling request is well made, USCIS generally approves it. Due to the current backlogs and delays at USCIS, however, this may take time.Mar 14, 2022 · Finally, note that if USCIS grants an interfiling request, the transfer request resets the 180-day clock for eligibility for AC21 portability provisions. More information is available under the “Transfer of Underlying Basis” tab found on the Green Card for Employment-Based Immigrants page on the USCIS website, as well as the USCIS Policy ... Nov 10, 2021 · The USCIS has announced a specific process to be followed for transferring from EB3 to EB2 with a pending I-485. This transfer of your underlying basis is advised for persons who have a pending I-485 that was filed using an EB3 I-140 where; the priority date is not current under the EB3 category but, is… April 11, 2022 On Friday, April 8, 2022, at the American Immigration Lawyer's Association ("AILA") Spring Conference, USCIS provided guidance on changing the basis of the pending I-485 after an EB-3 has been downgraded or amended to EB-2. Since January 24, 2022, AILA has been seeking clarification from USCIS on the following scenario:writing a letter to the USCIS requesting the transfer of underlying basis. The CSPA ought to apply as the underlying basis of the I-485 filed with the EB-3 I-140 transfers to the I-140 filed under EB-2 provided the other conditions to lock in the child’s age under the CSPA are met. The I-140 must have been filed before the child’s 21. st U.S. Citizenship and Immigration Services (USCIS) is encouraging eligible candidates to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories.Since there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (Oct. 2021 ...restart in this situation. Surely USCIS would not expect an applicant to go back to the old job with the current employer if it were to approve the I-485 application in less than 180 days from the time thee request to transfer the underlying basis was made. Other applicants who are requesting a transfer of underlying basis may want to move to a ... • USCIS Contact Center Tip Sheet. 1. When Supplement J is filed with the Western Forms Center to request a transfer of the underlying basis for an employment-based adjustment of status application, a receipt notice will be generated and sent to the applicant. Go to the “Transfer of Underlying Basis” section of USCIS’ Green U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) "preference immigrant" categories include: First preference (EB-1) - priority workersMar 01, 2022 · In February 2022, USCIS issued a policy urging and formalizing procedures enabling eligible applicants to switch pending Green-Card cases to a different, Jan 24, 2022 · When an applicant files an I-485 J to change the underlying basis of a green card application or interfile, they are using the I-485 J as a Confirmation of Bona Fide Job Offer. For Fiscal Year 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. "Transfer of Underlying Basis" - Switching from EB-3 to EB-2 Written By Hudaidah Bhimdi U.S. Citizenship and Immigration Services (USCIS) has released guidance regarding requests for the "transfer of underlying basis" between employment-based categories, also known as "interfiling."Previously, USCIS had discouraged transfer of underlying basis. But the January 21, 2022 guidance acknowledged that adjusting status may be appropriate for some applicants, and also gave a preferred procedure for how to request a transfer of underlying basis. Criteria for Transfer of Underlying Basis. USCIS may at its discretion grant a ... Feb 18, 2022 · U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment ... Jul 11, 2022 · You must request in writing that USCIS transfer the underlying basis of your pending Form I-485 to another immigrant category. In certain instances, you should also submit a completed I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) with your transfer request. The purpose of the Supplement J is to confirm the validity of the job offered to you in the immigrant petition you want to use as the basis for your transfer request. Jan 24, 2022 · When an applicant files an I-485 J to change the underlying basis of a green card application or interfile, they are using the I-485 J as a Confirmation of Bona Fide Job Offer. For Fiscal Year 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. "Transfer of Underlying Basis" - Switching from EB-3 to EB-2 Written By Hudaidah Bhimdi U.S. Citizenship and Immigration Services (USCIS) has released guidance regarding requests for the "transfer of underlying basis" between employment-based categories, also known as "interfiling."Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based). Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).· The written request to transfer the underlying basis should at a minimum contain sufficient information for USCIS to identify the pending Form I-485 and the immigrant petition that you would like to use as the new basis for your application (for example, receipt number or A-Number). USCIS has published guidance about the suggested procedures for "transferring the underlying basis" of the I-485, but there are still some unanswered questions and potential pitfalls that should be reviewed prior to pursuing the transfer. USCIS Guidance on Transferring the Underlying Basis. In January 2022, USCIS posted new instructions for ...Those who are requesting a transfer of the underlying basis of the I-485 to a previously filed and approved Form I-140 must also file a completed Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under Section 204(j), along with the written transfer request. If the previously filed petition is pending ... Interfiling, or transfer of underlying basis, is purely an administratively created procedure and is described only in guidance for USCIS adjudicators - specifically, the PM and USCIS memoranda. As such, the decision to grant any particular type of interfiling request is discretionary, and not guaranteed.Feb 18, 2022 · USCIS is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (Oct. 2021 through Sept. 2022). Jan 28, 2022 · If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS "transfer the underlying basis" of your pending application to the ... 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.Nov 10, 2021 · The USCIS has announced a specific process to be followed for transferring from EB3 to EB2 with a pending I-485. This transfer of your underlying basis is advised for persons who have a pending I-485 that was filed using an EB3 I-140 where; the priority date is not current under the EB3 category but, is… If you are requesting to transfer your underlying basis to an approved I-140, you need to submit a completed I-485 Supplement J Confirmation of Bona Fide Job Offer or Request for Job Portability (Supplement J) with your transfer request.Mar 10, 2022 · Applicants must request in writing that USCIS transfer the underlying basis of the pending I-485 to another immigrant category: If you are requesting to transfer your underlying basis to an approved I-140 , you need to submit a completed I-485 Supplement J Confirmation of Bona Fide Job Offer or Request for Job Portability (Supplement J) with ... Mar 01, 2022 · The written request to transfer the underlying basis form, should at a minimum contain sufficient information for U.S.C.I.S, to identify the pending Form I-485 and the immigrant petition, that you would like to use as the new basis for your application, for example, receipt number or A-Number. On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the “transfer of underlying basis” between employment-based categories, commonly referred to as “interfiling.” Due to an exceptionally high number of employment-based immigrant visas available in these categories for this fiscal year (Oct. 2021 through Sept. 2022 ... Feb 25, 2022 · Those who are requesting a transfer of the underlying basis of the I-485 to a previously filed and approved Form I-140 must also file a completed Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under Section 204(j), along with the written transfer request. If the previously filed petition is pending ... Feb 18, 2022 · U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment ... Jul 20, 2022 · In the February 2022 policy alert, USCIS noted that I-485 Supplement J is required if one is requesting to transfer the underlying basis to a previously filed and approved Form I-140. Interfiling, or transfer of underlying basis, is purely an administratively created procedure and is described only in guidance for USCIS adjudicators - specifically, the PM and USCIS memoranda. As such, the decision to grant any particular type of interfiling request is discretionary, and not guaranteed.USCIS is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (Oct ... writing a letter to the USCIS requesting the transfer of underlying basis. The CSPA ought to apply as the underlying basis of the I-485 filed with the EB-3 I-140 transfers to the I-140 filed under EB-2 provided the other conditions to lock in the child’s age under the CSPA are met. The I-140 must have been filed before the child’s 21. st April 11, 2022 On Friday, April 8, 2022, at the American Immigration Lawyer's Association ("AILA") Spring Conference, USCIS provided guidance on changing the basis of the pending I-485 after an EB-3 has been downgraded or amended to EB-2. Since January 24, 2022, AILA has been seeking clarification from USCIS on the following scenario:Jan 24, 2022 · Included below is the relevant text from USCIS’ website. You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 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. You may transfer the underlying basis of your Form I-485 from a pending petition to a previously approved petition. However, you must con firm the validity of the job offer associated with the previously approved petition before your Form I-485 application may be approved. To avoid processing delays (such as a request for evidence), youJan 25, 2022 · The new guidance states, “[i]f 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 ... Mar 10, 2022 · Applicants must request in writing that USCIS transfer the underlying basis of the pending I-485 to another immigrant category: If you are requesting to transfer your underlying basis to an approved I-140 , you need to submit a completed I-485 Supplement J Confirmation of Bona Fide Job Offer or Request for Job Portability (Supplement J) with ... USCIS issued guidance encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based categories. The guidance includes information on who can file, filing locations, and more. [This functionality does not work on your device.USCIS is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (Oct ... restart in this situation. Surely USCIS would not expect an applicant to go back to the old job with the current employer if it were to approve the I-485 application in less than 180 days from the time thee request to transfer the underlying basis was made. Other applicants who are requesting a transfer of underlying basis may want to move to a ... If you are requesting to transfer your underlying basis to an approved I-140, you need to submit a completed I-485 Supplement J Confirmation of Bona Fide Job Offer or Request for Job Portability (Supplement J) with your transfer request.Mar 10, 2022 · Transfer requests accompanying a newly filed Form I-140 should be sent to the normal Form I-140 filing location. Additional Recommendations. The USCIS Public Engagement Division suggests that the interfiling request should, at a minimum, contain enough information for USCIS to identify the pending I-485s and I-140s that form the basis of the ... Feb 22, 2022 · USCIS seems to suggest that the portability clock would restart in this situation, but the results would be perverse. Imagine the absurd scenario where USCIS approves the I-485 within 180 days, and an applicant would have to go back to the old job as the 180-day clock did not complete when requesting the transfer of underlying basis. The safest ... Jan 24, 2022 · Included below is the relevant text from USCIS’ website. You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 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. Mar 08, 2022 · USCIS Urges Eligible Applicants To Switch Employment-Based Categories. U.S. Citizenship and Immigration Services (USCIS) is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status applications to the first (priority workers) or second (noncitizens in professions with advanced degrees ... USCIS has published guidance about the suggested procedures for "transferring the underlying basis" of the I-485, but there are still some unanswered questions and potential pitfalls that should be reviewed prior to pursuing the transfer. USCIS Guidance on Transferring the Underlying Basis. In January 2022, USCIS posted new instructions for ...Apr 11, 2022 · USCIS confirmed that when an I-140 is approved as an amendment changing from the EB-2 classification to the EB-3 classification, there is no longer an EB-2 petition. It is USCIS’ position that the underlying basis cannot be transferred to the previously approved EB-2. However, USCIS indicates that instead a new EB-2 petition must be filed. Feb 22, 2022 · USCIS seems to suggest that the portability clock would restart in this situation, but the results would be perverse. Imagine the absurd scenario where USCIS approves the I-485 within 180 days, and an applicant would have to go back to the old job as the 180-day clock did not complete when requesting the transfer of underlying basis. The safest ... USCIS has created a new centralized location for receipt of transfer requests that are accompanied by a Supplement J. Additional Guidance from USCIS. Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request.USCIS is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (Oct. 2021 through Sept. 2022). Updated USCIS rules on Interfile/Transfer of underlying basis and clarity (or lack of) on portabilit Like this thread 0 0 Watch this thread Start a new thread Add a post restart in this situation. Surely USCIS would not expect an applicant to go back to the old job with the current employer if it were to approve the I-485 application in less than 180 days from the time thee request to transfer the underlying basis was made. Other applicants who are requesting a transfer of underlying basis may want to move to a ... USCIS posts alert about "Transfer the Underlying Basis" and creates inflated expectations over EB I-485 applications Posted on June 28, 2022 by Jay Wu Update 06/28/2022 We are now seeing the results of the requests to transfer the underlying basis ("relink"). We started filing the requests in February. Below is a sample.· The written request to transfer the underlying basis should at a minimum contain sufficient information for USCIS to identify the pending Form I-485 and the immigrant petition that you would like to use as the new basis for your application (for example, receipt number or A-Number). Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based). Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).Interfiling, or transfer of underlying basis, is purely an administratively created procedure and is described only in guidance for USCIS adjudicators - specifically, the PM and USCIS memoranda. As such, the decision to grant any particular type of interfiling request is discretionary, and not guaranteed.Jan 25, 2022 · USCIS also strongly encourages people with a pending green card application in the EB-3 category to transfer the underlying basis of their pending green card (adjustment of status) application to the EB-2 category if they are eligible to do so — meaning they have an approved or pending Immigrant Petition for Alien Worker in the EB-2 ... U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there i...Feb 23, 2022 · In order to transfer an adjustment application from one basis to another, there must be no break in the continuity of the applicant’s underlying eligibility to adjust prior to submitting the transfer request. If an applicant does not maintain eligibility up until the transfer is requested, a transfer cannot be granted. Interfiling, or transfer of underlying basis, is purely an administratively created procedure and is described only in guidance for USCIS adjudicators - specifically, the PM and USCIS memoranda. As such, the decision to grant any particular type of interfiling request is discretionary, and not guaranteed.Feb 22, 2022 · USCIS seems to suggest that the portability clock would restart in this situation, but the results would be perverse. Imagine the absurd scenario where USCIS approves the I-485 within 180 days, and an applicant would have to go back to the old job as the 180-day clock did not complete when requesting the transfer of underlying basis. The safest ... Jul 18, 2022 · USCIS may, in its discretion, grant a transfer request if the applicant meets certain criteria. If USCIS does not grant the transfer request, the underlying basis of your Form I-485 will remain unchanged. See the USCIS Policy Manual for more information. NEW: Why must applicants request to transfer the underlying basis of their pending Form I-485? USCIS has published guidance about the suggested procedures for “transferring the underlying basis” of the I-485, but there are still some unanswered questions and potential pitfalls that should be reviewed prior to pursuing the transfer. USCIS Guidance on Transferring the Underlying Basis. In January 2022, USCIS posted new instructions for ... Mar 14, 2022 · Finally, note that if USCIS grants an interfiling request, the transfer request resets the 180-day clock for eligibility for AC21 portability provisions. More information is available under the “Transfer of Underlying Basis” tab found on the Green Card for Employment-Based Immigrants page on the USCIS website, as well as the USCIS Policy ... Green Card Filings. “Transfer of underlying basis” refers to a process by which USCIS can re-categorize a pending green card application. From one preference category then onto the next, for example from EB-3 to EB-2. The requirements for a transfer of basis are outlined in the USCIS Policy Manual. To be eligible for a transfer of basis ... Unfortunately, no. USCIS cautions that transferring the underlying basis to another I-140 is discretionary; however, our experience has been that when an interfiling request is well made, USCIS generally approves it. Due to the current backlogs and delays at USCIS, however, this may take time.Jan 25, 2022 · The crazy part is that the update for this case is incorrect. We had filed a request to transfer the underlying basis from EB3 to EB2 and have already received the I-485 J receipt (see earlier update). Visa number is current under EB2. Obviously, this whole transfer of the underlying basis is not working well. Update 05/09/2022 Mar 10, 2022 · Transfer requests accompanying a newly filed Form I-140 should be sent to the normal Form I-140 filing location. Additional Recommendations. The USCIS Public Engagement Division suggests that the interfiling request should, at a minimum, contain enough information for USCIS to identify the pending I-485s and I-140s that form the basis of the ... Jan 31, 2022 · Specifically, USCIS is now encouraging anyone who would benefit from the process of interfiling to consider doing so. As a refresher, interfiling is the process of transferring the underlying basis for your adjustment of status from one preference category (such as EB-3) to another (such as EB-2). Updated USCIS rules on Interfile/Transfer of underlying basis and clarity (or lack of) on portabilit Like this thread 0 0 Watch this thread Start a new thread Add a post Feb 23, 2022 · USCIS has created a new centralized location for receipt of transfer requests that are accompanied by a Supplement J. Additional Guidance from USCIS. Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request. Feb 18, 2022 · U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment ... Feb 22, 2022 · USCIS seems to suggest that the portability clock would restart in this situation, but the results would be perverse. Imagine the absurd scenario where USCIS approves the I-485 within 180 days, and an applicant would have to go back to the old job as the 180-day clock did not complete when requesting the transfer of underlying basis. The safest ... USCIS is encouraging certain applicants to request that the agency "transfer the underlying basis" of their pending I-485 application to the EB-2 category, if eligible. This transfer request increases the likelihood that a decision is made on pending I-485 applications before the end of the U.S. government's fiscal year on September 30, 2022.USCIS Publishes Green Card Interfiling Guidance. On Friday January 21, 2022, USCIS issued formal guidance regarding "Transfers of Underlying Basis", more commonly known as Green Card interfilings. A "Transfer of Underlying Basis" or "interfiling" is based on a pending I-485 Green Card petition. For purposes of our discussion a ...What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards? Let’s analyze the following scenario: Your employer filed an employment based petition (I-140) and you filed an Adjustment of Status application based on the approved employment-based petition. Your green ... Mar 14, 2022 · Finally, note that if USCIS grants an interfiling request, the transfer request resets the 180-day clock for eligibility for AC21 portability provisions. More information is available under the “Transfer of Underlying Basis” tab found on the Green Card for Employment-Based Immigrants page on the USCIS website, as well as the USCIS Policy ... 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.Jan 25, 2022 · The new guidance states, “[i]f 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 ... On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the "transfer of underlying basis" between employment-based categories ...Interfiling, or transfer of underlying basis, is purely an administratively created procedure and is described only in guidance for USCIS adjudicators - specifically, the PM and USCIS memoranda. As such, the decision to grant any particular type of interfiling request is discretionary, and not guaranteed.Jan 28, 2022 · If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS "transfer the underlying basis" of your pending application to the ... Jan 24, 2022 · When an applicant files an I-485 J to change the underlying basis of a green card application or interfile, they are using the I-485 J as a Confirmation of Bona Fide Job Offer. For Fiscal Year 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. Apr 02, 2022 · If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS “transfer the underlying basis” of your pending application to ... USCIS seems to suggest that the portability clock would restart in this situation, but the results would be perverse. Imagine the absurd scenario where USCIS approves the I-485 within 180 days, and an applicant would have to go back to the old job as the 180-day clock did not complete when requesting the transfer of underlying basis. The safest ...Jan 25, 2022 · USCIS Publishes Green Card Interfiling Guidance. On Friday January 21, 2022, USCIS issued formal guidance regarding “Transfers of Underlying Basis”, more commonly known as Green Card interfilings. A “Transfer of Underlying Basis” or “interfiling” is based on a pending I-485 Green Card petition. For purposes of our discussion a ... Previously, USCIS had discouraged transfer of underlying basis. But the January 21, 2022 guidance acknowledged that adjusting status may be appropriate for some applicants, and also gave a preferred procedure for how to request a transfer of underlying basis. Criteria for Transfer of Underlying Basis. USCIS may at its discretion grant a ... USCIS has published guidance about the suggested procedures for “transferring the underlying basis” of the I-485, but there are still some unanswered questions and potential pitfalls that should be reviewed prior to pursuing the transfer. USCIS Guidance on Transferring the Underlying Basis. In January 2022, USCIS posted new instructions for ... Mar 10, 2022 · Transfer requests accompanying a newly filed Form I-140 should be sent to the normal Form I-140 filing location. Additional Recommendations. The USCIS Public Engagement Division suggests that the interfiling request should, at a minimum, contain enough information for USCIS to identify the pending I-485s and I-140s that form the basis of the ... USCIS Publishes Green Card Interfiling Guidance. On Friday January 21, 2022, USCIS issued formal guidance regarding "Transfers of Underlying Basis", more commonly known as Green Card interfilings. A "Transfer of Underlying Basis" or "interfiling" is based on a pending I-485 Green Card petition. For purposes of our discussion a ...USCIS posts alert about "Transfer the Underlying Basis" and creates inflated expectations over EB I-485 applications Posted on June 28, 2022 by Jay Wu Update 06/28/2022 We are now seeing the results of the requests to transfer the underlying basis ("relink"). We started filing the requests in February. Below is a sample.Jun 21, 2022 · USCIS recently updated its Frequently Asked Questions page on the subject of FY2022 employment-based adjustment of status applications. In addition to reiterating USCIS’s intention to use as many employment-based immigrant visas as possible (approximately 280,000 available) by the end of fiscal year 2022 (September 30, 2022), the FAQs also ... If we transfer an applicant's underlying basis, then we calculate the applicant's CSPA age using the applicant's age at the time the immigrant visa becomes available minus the time the immigrant petition that forms the new basis of the adjustment of status application was pending.Feb 23, 2022 · In order to transfer an adjustment application from one basis to another, there must be no break in the continuity of the applicant’s underlying eligibility to adjust prior to submitting the transfer request. If an applicant does not maintain eligibility up until the transfer is requested, a transfer cannot be granted. On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the “transfer of underlying basis” between employment-based categories, commonly referred to as “interfiling.” Due to an exceptionally high number of employment-based immigrant visas available in these categories for this fiscal year (Oct. 2021 through Sept. 2022 ... Jan 25, 2022 · The new guidance states, “[i]f 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 ... Those who are requesting a transfer of the underlying basis of the I-485 to a previously filed and approved Form I-140 must also file a completed Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under Section 204(j), along with the written transfer request. If the previously filed petition is pending ... Jan 24, 2022 · Included below is the relevant text from USCIS’ website. You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 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. Jul 11, 2022 · You must request in writing that USCIS transfer the underlying basis of your pending Form I-485 to another immigrant category. In certain instances, you should also submit a completed I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) with your transfer request. The purpose of the Supplement J is to confirm the validity of the job offered to you in the immigrant petition you want to use as the basis for your transfer request. The USCIS recently announced that there are more visas available in the EB-1 and EB-2 employment-based categories than the number of pending I-485 applications in these categories. USCIS is encouraging certain applicants to request that the agency “transfer the underlying basis” of their pending I-485 application to the EB-2 category, if ... What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards? Let’s analyze the following scenario: Your employer filed an employment based petition (I-140) and you filed an Adjustment of Status application based on the approved employment-based petition. Your green ... Feb 23, 2022 · USCIS has created a new centralized location for receipt of transfer requests that are accompanied by a Supplement J. Additional Guidance from USCIS. Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request. Mar 17, 2022 · As previously announced, USCIS will continue to encourage eligible applicants to consider requesting to transfer the underlying basis of their pending adjustment of status applications in the EB-3 category to the EB-1 or EB-2 category if they meet the following criteria: a visa is unavailable to them in the EB-3 category; they have a pending or ... Mar 08, 2022 · USCIS Urges Eligible Applicants To Switch Employment-Based Categories. U.S. Citizenship and Immigration Services (USCIS) is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status applications to the first (priority workers) or second (noncitizens in professions with advanced degrees ... Jan 24, 2022 · When an applicant files an I-485 J to change the underlying basis of a green card application or interfile, they are using the I-485 J as a Confirmation of Bona Fide Job Offer. For Fiscal Year 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. Feb 18, 2022 · This follows the statement issued by USCIS last month, which outlined a new interfiling process to facilitate these kinds of transfers. You can read more about this process on the USCIS webpage for employment-based green cards, under “Transfer of Underlying Basis.” To be eligible for an EB-3 to EB-2 transfer, an applicant must have an ... Interfiling, or transfer of underlying basis, is purely an administratively created procedure and is described only in guidance for USCIS adjudicators - specifically, the PM and USCIS memoranda. As such, the decision to grant any particular type of interfiling request is discretionary, and not guaranteed.If we transfer an applicant's underlying basis, then we calculate the applicant's CSPA age using the applicant's age at the time the immigrant visa becomes available minus the time the immigrant petition that forms the new basis of the adjustment of status application was pending.USCIS is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (Oct. 2021 through Sept. 2022). Jan 25, 2022 · The crazy part is that the update for this case is incorrect. We had filed a request to transfer the underlying basis from EB3 to EB2 and have already received the I-485 J receipt (see earlier update). Visa number is current under EB2. Obviously, this whole transfer of the underlying basis is not working well. Update 05/09/2022 Jan 28, 2022 · If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS "transfer the underlying basis" of your pending application to the ... Apr 11, 2022 · USCIS confirmed that when an I-140 is approved as an amendment changing from the EB-2 classification to the EB-3 classification, there is no longer an EB-2 petition. It is USCIS’ position that the underlying basis cannot be transferred to the previously approved EB-2. However, USCIS indicates that instead a new EB-2 petition must be filed. USCIS is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (Oct ... Jul 20, 2022 · In the February 2022 policy alert, USCIS noted that I-485 Supplement J is required if one is requesting to transfer the underlying basis to a previously filed and approved Form I-140. Jan 25, 2022 · The new guidance states, “[i]f 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 ... Mar 01, 2022 · The written request to transfer the underlying basis form, should at a minimum contain sufficient information for U.S.C.I.S, to identify the pending Form I-485 and the immigrant petition, that you would like to use as the new basis for your application, for example, receipt number or A-Number. You may transfer the underlying basis of your Form I-485 from a pending petition to a previously approved petition. However, you must con firm the validity of the job offer associated with the previously approved petition before your Form I-485 application may be approved. To avoid processing delays (such as a request for evidence), youJan 24, 2022 · Included below is the relevant text from USCIS’ website. You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 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. Jan 24, 2022 · Included below is the relevant text from USCIS’ website. You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 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. Previously, USCIS had discouraged transfer of underlying basis. But the January 21, 2022 guidance acknowledged that adjusting status may be appropriate for some applicants, and also gave a preferred procedure for how to request a transfer of underlying basis. Criteria for Transfer of Underlying Basis. USCIS may at its discretion grant a ... Jan 24, 2022 · Included below is the relevant text from USCIS’ website. You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 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. Mar 10, 2022 · Applicants must request in writing that USCIS transfer the underlying basis of the pending I-485 to another immigrant category: If you are requesting to transfer your underlying basis to an approved I-140 , you need to submit a completed I-485 Supplement J Confirmation of Bona Fide Job Offer or Request for Job Portability (Supplement J) with ... USCIS seems to suggest that the portability clock would restart in this situation, but the results would be perverse. Imagine the absurd scenario where USCIS approves the I-485 within 180 days, and an applicant would have to go back to the old job as the 180-day clock did not complete when requesting the transfer of underlying basis. The safest ...Jan 25, 2022 · The crazy part is that the update for this case is incorrect. We had filed a request to transfer the underlying basis from EB3 to EB2 and have already received the I-485 J receipt (see earlier update). Visa number is current under EB2. Obviously, this whole transfer of the underlying basis is not working well. Update 05/09/2022 Jan 25, 2022 · The new guidance states, “[i]f 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 ... Generally, no new adjustment application or filing fee is required when requesting a transfer of the underlying basis. As noted above, however, a request to convert to an INA 245 (i) adjustment would require payment of the additional $1,000 fee and filing of Form I-485, Supplement A. [10] 2. Request Must Be Made in WritingOn February 18, 2022, U.S. Citizenship and Immigration Services (USCIS) released a policy alert encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first employment-based preference category, EB-1 (priority workers), or second preference category, EB-2 (noncitiz...U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) "preference immigrant" categories include: First preference (EB-1) - priority workersUSCIS has created a new centralized location for receipt of transfer requests that are accompanied by a Supplement J. Additional Guidance from USCIS. Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request.Feb 18, 2022 · U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment ... Mar 10, 2022 · Applicants must request in writing that USCIS transfer the underlying basis of the pending I-485 to another immigrant category: If you are requesting to transfer your underlying basis to an approved I-140 , you need to submit a completed I-485 Supplement J Confirmation of Bona Fide Job Offer or Request for Job Portability (Supplement J) with ... Mar 10, 2022 · Applicants must request in writing that USCIS transfer the underlying basis of the pending I-485 to another immigrant category: If you are requesting to transfer your underlying basis to an approved I-140 , you need to submit a completed I-485 Supplement J Confirmation of Bona Fide Job Offer or Request for Job Portability (Supplement J) with ... On February 18, 2022, U.S. Citizenship and Immigration Services (USCIS) released a policy alert encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first employment-based preference category, EB-1 (priority workers), or second preference category, EB-2 (noncitiz...Feb 23, 2022 · USCIS has created a new centralized location for receipt of transfer requests that are accompanied by a Supplement J. Additional Guidance from USCIS. Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request. USCIS is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (Oct. 2021 through Sept. 2022). Jan 22, 2022 · USCIS Transfer of Underlying Basis Procedure in 2022. You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 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. Jul 19, 2022 · In the February 2022 policy alert, USCIS noted that I-485 Supplement J is required if one is requesting to transfer the underlying basis to a previously filed and approved Form I-140. The purpose of the I-485 Supplement J is to confirm the validity of the job offered in the immigrant petition used as the basis for the transfer request. USCIS is encouraging certain applicants to request that the agency "transfer the underlying basis" of their pending I-485 application to the EB-2 category, if eligible. This transfer request increases the likelihood that a decision is made on pending I-485 applications before the end of the U.S. government's fiscal year on September 30, 2022.USCIS issued guidance encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based categories. The guidance includes information on who can file, filing locations, and more. [This functionality does not work on your device.Feb 18, 2022 · This follows the statement issued by USCIS last month, which outlined a new interfiling process to facilitate these kinds of transfers. You can read more about this process on the USCIS webpage for employment-based green cards, under “Transfer of Underlying Basis.” To be eligible for an EB-3 to EB-2 transfer, an applicant must have an ... USCIS also strongly encourages people with a pending green card application in the EB-3 category to transfer the underlying basis of their pending green card (adjustment of status) application to ...Jan 24, 2022 · Included below is the relevant text from USCIS’ website. You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 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. Jan 31, 2022 · Included below is the relevant text from USCIS’ website. You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 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. On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the “transfer of underlying basis” between employment-based categories, commonly referred to as “interfiling.” Due to an exceptionally high number of employment-based immigrant visas available in these categories for this fiscal year (Oct. 2021 through Sept. 2022 ... You may transfer the underlying basis of your Form I-485 from a pending petition to a previously approved petition. However, you must con firm the validity of the job offer associated with the previously approved petition before your Form I-485 application may be approved. 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