FAQs on Interfiling at the I-485 Adjustment of Status Stage

For many years, the EB2 India category consistently had a cutoff date more favorable than its EB3 counterpart. Since October 2020, however, there has been considerable back-and-forth, with the EB3 India cutoff date surging ahead of EB2, then EB3 stalling and the EB2 cutoff date again passing it. These fluctuations have continued into fiscal year 2026, with the April 2026 Visa Bulletin creating renewed opportunities for certain EB2 India applicants. This ongoing volatility has led to sustained interest in interfiling. In these FAQs, MurthyDotCom addresses questions on interfiling.

1. What is interfiling? Is this different from “transferring the basis” of my I-485? Also, is this different from “upgrading” or “downgrading?”

If a foreign national has a pending I-485 and wishes to change the basis for the I-485 (e.g., substitute an EB2 I-140 for the EB3 I-140 submitted with the I-485 application), the USCIS refers to this process in its Policy Manual as a “transfer of the underlying basis.” See 7 USCIS-PM A.8. Immigration attorneys typically refer to this process as interfiling.

The more colloquial terms, “upgrading” and “downgrading” in the I-485 context, are synonymous with interfiling and refer to moving from one employment-based category to another if you have an approved I-140 petition already.

2. What are the requirements to transfer the basis of my I-485 from one category to another?

To qualify to interfile, the USCIS requires that ALL the following conditions are satisfied:

• The applicant must have continuously maintained eligibility to adjust status.
• The I-485 application must be pending.
• The applicant must be eligible for the category requested.
• The priority date must be current under the Final Action Dates chart on the date the interfiling request is submitted.

In addition, the decision to grant or deny a transfer request is a matter of USCIS discretion. For simple transfers between the first three employment-based categories, USCIS has indicated a general willingness to grant such requests, but the applicant should not assume that any transfer request will be approved automatically. USCIS also may consider factors such as the reason for the request, the availability of supporting documentation, and the degree of additional processing time required.

3. How do I make a request to transfer the basis of my I-485?

To transfer from one employment-based category to another, the request must be submitted in writing and should include a signed and completed Form I-485, Supplement J (Confirmation of Valid Job Offer or Request for Job Portability Under INA Section 204(j)). Note that the Supplement J form was retitled in its December 2024 edition, replacing the prior reference to “Bona Fide” job offer with “Valid” job offer. The request also should include a cover letter identifying the pending I-485 receipt number, the current and requested basis (with I-140 receipt or approval numbers), and a copy of the I-485 receipt notice. Filing addresses are subject to change; applicants should consult the current USCIS filing instructions for Form I-485 Supplement J before submitting their request. Note that “Related Links” at the bottom of the page, provides a link to Green Card for Employment-Based Immigrants, which indicates a specific lockbox to which these requests should be sent.

4. Will the USCIS acknowledge my transfer request?

The USCIS does not issue a separate written acknowledgment that the transfer of basis has been effectuated. However, USCIS will issue a receipt notice for the I-485 Supplement J filing, which serves as confirmation that the package was received. In practice, the only definitive confirmation that the transfer was completed often is the eventual approval of the I-485 under the new category. Given this lack of visibility, it is advisable to retain proof of mailing (e.g., certified mail receipt or tracking confirmation) and to bring a copy of the Supplement J and transfer request letter to any adjustment interview. If a receipt notice is not received in 30–45 days (due to high volume at the lockbox), it is best to email the USCIS lockbox to follow up.

5. Do I have to be in valid nonimmigrant status to transfer the basis of my I-485?

No, this is not a requirement. The “continuing eligibility” requirement for interfiling focuses on whether there has been any break in the underlying petition basis supporting the I-485, not on whether the applicant is currently in valid nonimmigrant status. The applicant generally must have been in lawful status at the time the I-485 application originally was filed. For interfiling purposes, however, a person who is in a period of authorized stay (such as on an EAD under the pending I-485), or who is outside the United States (having traveled on advance parole or while maintaining H or L status), should not be prevented from submitting an interfiling request. Employment-based applicants also may benefit from the INA 245(k) exemption, which forgives certain status violations of 180 days or less for applicants in the first three employment-based preference categories.

6. Can I transfer the basis of my I-485 from EB3 I-140 to EB2 I-140 and then change jobs?

Pursuant to the American Competitiveness in the Twenty-First Century Act (AC21), a person may move to a position that is in the “same or similar occupational classification” as the one set forth in the underlying PERM labor certification once the I-485 has been pending for at least 180 days. Under established USCIS policy, this 180-day “clock” resets upon the submission of an interfiling request. In other words, AC21 portability remains available after interfiling, but only after the applicant has waited at least 180 days from the date of the interfiling request. This is an important consideration for anyone contemplating a job change in the near term after interfiling.

Many practitioners continue to believe that this USCIS policy conflicts with the plain language of AC21, which ties the 180-day period to the pendency of the I-485 application itself rather than to any particular petition basis. Nevertheless, as of this writing, USCIS treats the 180-day clock reset as settled policy, and applicants should plan accordingly. Additionally, note that USCIS has clarified that applicants whose I-140 petitions are based on a national interest waiver (NIW) are eligible for AC21 portability, though because their immigrant visas are not tied to a specific job offer, they do not need to file a Supplement J if they change jobs.

7. I filed my I-485 concurrently with an EB3 I-140, and both the I-485 and I-140 are still pending. Can I interfile an EB2 I-140?

Yes, this is permitted under current USCIS policy. The USCIS Policy Manual now expressly addresses several petition-transfer scenarios: an applicant with a concurrently filed and pending I-140 may replace the pending petition with an already-approved petition, and may replace it with another pending petition, provided the new basis allows for concurrent filing. In practice, USCIS will adjudicate the petition designated as the new basis of the I-485. Applicants should designate clearly, in writing which petition serves as the new basis, because only one petition may support the I-485 at any given time. If the EB2 I-140 still is pending at the time of adjudication, it ultimately must be approved before the I-485 can be granted.

8. Instead of interfiling, am I better off just filing another I-485 application?

As a general rule, the USCIS recommends that applicants interfile rather than submit a new I-485 adjustment-of-status application. Interfiling avoids the need for a new filing fee and preserves the original I-485 filing date for purposes of accruing time toward AC21 portability (subject to the 180-day clock reset discussed above). However, there may be situations in which filing a second I-485 is the better option, particularly when visa bulletin movement is unpredictable across categories and the applicant wants to maintain eligibility under both, as long as they still are maintaining valid nonimmigrant status. An important practical consideration: for any new I-485 filed after 01.Apr.2024, USCIS requires separate filing fees for Form I-765 (EAD) and Form I-131 (advance parole), which previously were bundled into the I-485 fee. This additional cost may weigh in favor of interfiling in many cases. As always, this is something that should be discussed with your attorney.

9. Will my EAD/AP still be valid if I interfile?

Submitting an interfiling request should not impact the validity of one’s existing EAD or advance parole document. Similarly, if EAD and AP applications are pending when an interfiling request is made, USCIS should continue to process those applications in the normal course. However, applicants should be aware of significant recent changes to the EAD landscape that affect all I-485 applicants. Effective in late 2025, USCIS eliminated automatic extensions for most EAD renewal categories, and the maximum validity period for adjustment-of-status-based EADs has been reduced from five years to 18 months. This means more frequent renewal filings now are required, and applicants must plan ahead to avoid gaps in work authorization.

10. If I upgrade from EB3 to EB2, am I allowed to later downgrade back to EB3 if needed?

Historically, USCIS has allowed a person to interfile between categories more than once if needed. However, applicants should keep in mind that each subsequent transfer resets the 180-day AC21 portability clock, is subject to the same discretionary and eligibility requirements (including visa availability at the time of the new request), and requires a new Supplement J filing with supporting documentation. Frequent transfers also may attract additional scrutiny from USCIS adjudicators. Only the employer that holds the I-140 petition can sign an I-485 Supplement J to confirm the valid job offer for their own company (i.e., you cannot have new Company B sign an I-485 Supplement J for Company A’s I-140).

11. Should I submit an updated medical examination (Form I-693) with my interfiling request?

If your I-485 has been pending for a significant period, there is a strong likelihood that your previously submitted medical examination has expired. USCIS cannot approve the I-485 without a valid Form I-693, and while USCIS typically will issue a Request for Evidence (RFE) for a new medical exam, there is no guarantee as to when that RFE will arrive. The USCIS has requested specifically that a medical examination not be submitted with Form I-485 Supplement J. If you separately submit the medical examination to the USCIS mailroom to match up to your file, you still may get an RFE for a new medical and would have to submit again.

While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers.

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