The recent statement by USCIS released on January 21 2022, mentioned the high number of employment-based visas available for the current fiscal year. USCIS confirmed availability in EB-1 and EB2 category and they stated that many more visa numbers were available in this category compared with the number of pending AOS (Adjustment of status). Based on the current availability, the USCIS has recommended individuals look for interfiling based on EB-2
( I-140) if the option is available to them.
What is interfiling?
Interfiling is a good option for people who have filed for Adjustment of Status I-485 application with the USCIS and have an approved I-140 in another preference category. For example, if someone has an approved EB-2(I-140) and EB-3 (I-140) and has already filed for an I-485 application based on their EB-3 I-140. In this case, if the priority dates have changed EB-2 has become current, and EB-3 has retrogressed, the interfiling option becomes useful as the person can request transfer of pending I-485 from EB-3 I-140 to the EB-2 I-140 and a green card much faster.
What is the process?
The primary step is to file a written request with USCIS and a Form I-485 J (if the I-140 is pending) and mail to the new office especially created to handle similar requests through September 30, 2022, the address for the same is :
- U. S. Department of Homeland Security
- USCIS Western Forms Center
- 10 Application Way
- Montclair, CA 91763-1350
Other than sending the request, there are things which one needs to keep in mind, which are :
1. No additional fee is required for making the request.
2. If one has already made an interfiling request, USCIS recommends not to file the request again, as it might create confusion.
3. One doesn’t require a new I-485 application, but if Supplement J is part of the requirement, then send the I-485J with your interfiling request. Supplement J is a crucial document to confirm that the job offered in I-140 is bonafide.
4. USCIS will send receipt notices if an I-485J is submitted.
If you or someone you know needs help, please contact the Law Offices of Prashanthi Reddy, we can help you navigate the process.
