This article is a very important update about the employment-based I-485, that’s employment based adjustment of status. Read this article very well to see how you can request USCIS to transfer your pending form I-485 application, Adjustment of Status from one basis to another, faster category!
Form I-485 is officially called the “Adjustment of Status Application” and is the official green card application. Form I-485, Application to Register Permanent Residence or Adjust Status, is used by a person in the United States to apply for lawful permanent resident status. Form I-485 is sometimes refer to as an application for adjustment of status or as an adjustment application.
If you are currently in the United States, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country.
What’s this important update? USCIS announced on their website that there is, “an exceptionally high number of employment-based visas available this fiscal year.”
What does that mean? That means that until the end of this fiscal year, i.e until September 30th of 2022, there are an exceptionally high number of visas available for green cards, particularly in the EB-1 and EB-2 category.
- EB-1: Employment-based first preference.
- EB-2: Employment-based second preference.
According to USCIS update, there are more visas available than they have pending applications.
It means that USCIS are inviting people to do interfiling. Interfiling means when you have your I-485 pending in a particular category, for example, EB-3 (employment based third preference).
However, you have an I-140, an immigrant petition that is eligible for either EB-1 or EB-2. USCIS is inviting you to request to transfer the basis of your I-485 from one I-140 in one category to a different category.
There are various ways that this is expressed, it is either called interfiling or sometimes it is an upgrade petition. Maybe you have a petition in the EB-3 category, but you can qualify for an upgraded I-140.
If a new Form I-140 is being filed on your behalf and you are eligible to concurrently file, you may request to transfer the underlying basis of your pending Form I-485 to this new petition. The petition must be submitted with a signed letter requesting that your pending Form I-485 be transferred to the new petition.
Very important tip for you: When you are doing inter-filing request on your pending I-485, use the Form I-485 Supplement J.
The Sub J is important for two reasons:
- It actually gives you a receipt so that you know that USCIS has received this transfer request. Because some people had already been writing to USCIS requesting the transfer of the basis of their I-485. But if you use a Sub J, you’ll actually get a receipt notice from USCIS. Note that there is no filing fee for the Sub J.
- The other reason why using the Sub J is important is it is also a way for the sponsoring employer to confirm that they do still have the job available because there are people who perhaps they’ve been waiting for a long time for their priority date to become current, and this employer might have filed this petition or the accompanying labor certification years before. This is the employer’s way of confirming that the job actually is still available to you.
What can you do with a pending I-485?
While the I-485 application is pending, an alien can enjoy several benefits such as entering the U.S. under Advance Parole (AP) and permission to work in the U.S. using Employment Authorization Document (EAD).
Can you stay in US if your I-485 is pending?
If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your non-immigrant visa. You have the right to remain in the United States while the application is pending.
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