Employment-based immigrationTransfer of Underlying Basis / “Interfiling” for I-485: how to transfer a pending I-485 to another I-140 (EB-2↔EB-3, NIW→EB-1A, etc.)

“Interfiling” is an informal term applicants and attorneys use for the USCIS mechanism called Transfer of Underlying Basis—a way to “re-anchor” an already filed and still pending Form I-485 to a different immigrant petition (I-140) or employment-based category. In real life, this comes up when Visa Bulletin movement creates retrogression, when people upgrade/downgrade (EB-2 ↔ EB-3), or when a stronger category becomes available (for example, NIW → EB-1A). The value is straightforward: you try to keep your pending I-485 alive, but have it adjudicated under the “better” basis—without starting over with a brand-new I-485 unless you must.

1) What Transfer of Underlying Basis is (and how it differs from filing a new I-485)

The underlying basis is the immigrant “anchor” for your adjustment case—i.e., which category and which specific I-140 USCIS treats as supporting your pending I-485. When you submit a written request to transfer the basis, you are asking USCIS to keep the same pending I-485 but adjudicate it under a different basis—for example, using EB-3 instead of EB-2, or EB-1A instead of NIW if a new petition exists.

What USCIS generally looks for in a transfer request

Conceptually, USCIS frames a transfer request around two big questions: can USCIS clearly identify the new basis, and do you remain eligible for adjustment with a visa number available when adjudication is ready. That is why “transfer underlying basis I-485” is so tightly tied to Visa Bulletin movement and retrogression.

Quick eligibility check (if these are missing, the request often loses its value)

• Your I-485 is truly pending (not approved and not denied), and USCIS has not made a final decision.

• You have a different immigration basis to move to (e.g., another I-140 in another category), and you qualify under that basis (category requirements, priority date logic).

• When USCIS is ready to adjudicate, a visa number must be available under the new basis (otherwise a transfer may not speed anything up and can complicate strategy).

• You can show the request is driven by changed circumstances (retrogression, category shift, new petition, employer change under applicable rules), not random “forum advice.”

Next, we’ll walk through scenarios where a transfer of underlying basis genuinely helps—EB-2 ↔ EB-3, NIW → EB-1A, multiple employers—and how to decide when adding Supplement J reduces the risk of RFE and “file stagnation.”

2) When a transfer actually helps: common scenarios and “signals” it’s time to consider a request

A transfer request tends to matter in two high-impact situations: (1) the Visa Bulletin shifts and your current basis retrogresses while another basis becomes more favorable; (2) you obtain a new and stronger basis (for example, EB-1A), and you want your already pending I-485 to be adjudicated under that basis—without starting from scratch unless needed.

Scenario table: what you transfer and what you typically attach (no more than 4 columns)

Notes on the most common cases

EB-2 ↔ EB-3. People often say “interfiling EB2 to EB3,” but in practice USCIS needs more than a category label. USCIS needs to see a specific I-140 that becomes the new basis and a clean explanation of the priority date and eligibility.

NIW → EB-1A. If you filed NIW and later have an EB-1A approval, a transfer may look like a “fast lane,” because EB-1 is often less backlogged. Still, chargeability and date dynamics matter. A strong request is not just “please transfer”; it explains what changed and why transferring now is rational.

3–4) The request packet and step-by-step submission: cover letter, attachments, when Supplement J matters

The most common reason interfiling strategies fail is not “legal impossibility,” but a weak package: an unstructured letter, unclear identification of the new I-140, no priority-date logic, and USCIS is forced either to issue RFE or to let the request sit in the file without action. The practical solution is to build a mini-dossier: what you filed → what changed → what basis you want now → what evidence supports it.

Transfer of Underlying Basis packet checklist (what people typically send)

Decision diagram: do you likely need Supplement J in your transfer request? (simplified)

Cover letter skeleton (easy to adapt)

USCIS
Attn: [Office/Service Center handling the pending I-485, if known]
RE: Request to Transfer Underlying Basis of Pending Form I-485
Applicant: [Full Name], A-Number: [A-Number], DOB: [MM/DD/YYYY]
Form I-485 Receipt Number: [MSC/IOE/LIN/WAC/SRC/EAC-…]
Current Basis: Form I-140 (Category: [EB-2/EB-3/NIW/…]) Receipt/Approval: [Number]
Requested New Basis: Form I-140 (Category: [EB-3/EB-2/EB-1A/…]) Receipt/Approval: [Number]

Dear Officer:

I respectfully request that USCIS transfer the underlying basis of my pending Form I-485 to the above referenced Form I-140.
Enclosed please find:
1) Copy of Form I-485 Receipt Notice;
2) Copy of Form I-140 Approval/Receipt Notice for the requested new basis;
3) [If applicable] Form I-485 Supplement J, completed and signed;
4) [Any additional supporting documents list].

Thank you for your consideration.

Sincerely,
[Signature]
[Printed Name]
[Mailing Address]
[Phone / Email (optional)]

In practice, transfer requests come down to two things: (1) routing the packet so it reaches the correct I-485 file, and (2) clarity so USCIS does not have to guess what you are requesting. If you are unsure about the correct destination, rely on current USCIS instructions at the time of mailing (including employment-based green card guidance and any USCIS transfer-request procedures).

5) FAQ: timelines, “is USCIS required?”, and how to avoid common mistakes

Common mistakes that trigger RFEs or silence

Monitoring: what to track so you don’t miss the window