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Can I request to transfer the basis of my pending I-485 adjustment of status (AOS) to a new employment-based petition (I-140)?

Two employees working at their new employment

Yes, it may be possible. Interfiling, or “transfer of underlying basis,” is an administrative procedure that allows for an I-485 adjustment-of-status (AOS) applicant with a pending I-140 (or I-130) to transfer the basis of their application to a different I-140 (or I-130). Granting of this transfer is discretionary, and once granted, the applicant cannot change it back.

What are the requirements to make the transfer request?

  • The applicant must have continuously maintained adjustment eligibility up till the date they make the request. This means the original petition must have either been approved or is pending.
  • The applicant must have a current, pending I-485 application.
  • The applicant must be eligible for the new petition category requested.
  • The priority date must be current for the new requested petition category at the date of filing the transfer petition.

Can an I-485 be transferred to another pending I-140 while the original I-140 is still pending?

In cases where an applicant concurrently filed an I-485 adjustment of status petition with an I-140 petition, and subsequently filed a new I-140 petition which is also pending, it may be possible to request to transfer the basis of the I-485 to the second pending petition, provided that the new basis allows for the filing of the adjustment of status petition prior to approval of the I-140.

Can I-485 be transferred to a new I-140 after an underlying I-140 is denied?

Unfortunately, if the original underlying I-140 petition which formed the basis of the I-485 petition is already denied, this I-485 may not be transferred to another basis after denial. A replacement petition must be properly filed and designated as the new basis for the pending adjustment application before the initial petition is withdrawn, denied, or revoked.  In this case, provided the applicant is still eligible, a new I-485 should be filed based on the new I-140.

Related posts:

Adjustment of status – I-485

Adjustment of Status Transfer Process

Transferring I-485 from Employment-Based to Family-Based Petition

How do I maintain my green card?

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