January 28, 2022
On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) posted instructions on its website regarding the process for transferring the underlying basis of a Form I-485 to a different employment-based immigrant category based on another Form I-140. According to USCIS, it will, in its discretion, grant a transfer request from one employment-based preference category (e.g., EB-3) to another employment-based preference category (e.g., EB-2), if:
A request to transfer a pending Form I-485 from one basis to another category must be made in writing. USCIS has created a new mailing address (U.S. Department of Homeland Security, USCIS Western Forms Center, 10 Application Way, Montclair, CA 91763-1350) to handle these requests through the end of the current Fiscal Year (September 30, 2022). USCIS will not provide a written response to transfer requests. However, USCIS will issue receipt notices for the I-485 Supplement J, where applicable.
USCIS has also informed the public that there is a high number of employment-based visas available this fiscal year. Specifically, there are many more visas available in the first and second employment-based categories than adjustment of status applications pending with USCIS. As a result, employment-based adjustment of status applicants awaiting adjudication based on their downgraded EB-3 I-140 immigrant petitions and who have either pending or approved EB-2 immigrant visa petitions can consider utilizing this interfiling process to increase the likelihood of the final adjudication of their Form I-485 application prior to September 30, 2022.
Please contact the attorney at LHSCD working on your case if you have any questions about transferring the underlying basis of your Form I-485 to a different employment-based immigrant category. Or, to schedule a consultation with one of our attorneys, please proceed to our Consultation Request Form.
September 16, 2025
Department of State Releases October 2025 Visa Bulletin The DOS released its October 2025 Visa Bulletin. October begins a new fiscal year for the U.S. government bringing forward movement...MoreSeptember 9, 2025
BIA Further Restricts Bond Eligibility The Board’s recent decision in Matter of Jonathan Javier Yajure Hurtado makes foreign nationals who entered without inspection ineligible for...More