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The USCIS has posted guidance for transferring the underlying basis
of a pending 485 form. This process, more commonly referred to as
interfiling, is the method 485 applicants use to “upgrade” or
“downgrade” between the various immigrant visa categories (e.g.,
EB3-to-EB2).
There are four requirements that ALL must be met for an I-485 applicant’s
interfiling request to be granted:
The I-485 applicant must have continuously maintained eligibility for AOS.
The I-485 filed based on the original form I-140 must still be pending.
The applicant is eligible for the new immigrant category.
There must be an immigrant visa immediately available in the new category
(i.e., the category must be current, generally based on the I-140 PD)
The USCIS has created a new point of contact to handle interfiling requests
made before the end of the current fiscal year (i.e., September 30, 2022)
for employment-based cases. All such requests should be submitted in writing,
along with a form I-485 supplement J, 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 |
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